Promotion cannot be withheld due to pending inquiry without charge sheet issuance, rules Gauhati High Court
In a significant ruling, the Gauhati High Court has directed the respondent authorities to reconsider the promotion and confirmation of Smt. Dipali Baruah, a Sub-Inspector, who has been caught in a whirlpool of allegations but without any formal charge sheet. The judgment was delivered by Justice Budi Habung, emphasizing that promotion cannot be withheld merely based on suspicion or preliminary inquiry if no charge sheet has been issued, aligning with established legal principles.
Smt. Dipali Baruah, who has been serving as a Sub-Inspector (UB) since 2013, faced allegations of extortion when an FIR was filed against her by Shri Biren Haloi in 2017. The FIR alleged that she demanded Rs. 10 lakh for his release, of which Rs. 4 lakh was reportedly paid. Subsequently, a criminal case was registered under Sections 384/34 of the IPC, leading to her arrest.
Despite the gravity of the allegations, the informant withdrew his complaint in 2023, citing misunderstanding and external influence. The controversy placed her promotion on hold, despite her successful completion of the Pre-Promotion Cadre Course. Her juniors have already been promoted, leading to further discontent.
The court's decision was influenced by a Government of Assam Office Memorandum dated May 9, 2006, and the precedent set in the Supreme Court case of Union of India v. K.V. Janakiraman (AIR 1991 SC 2010), which asserts that promotions should not be denied solely on suspicion or pending investigations without a charge sheet.
Considering submissions from both parties, the court ruled that the matter should be reassessed by the competent authority, ensuring justice and adherence to established legal guidelines. The authorities have been instructed to conclude this reconsideration process within three months, taking into account the absence of a charge sheet and the treatment of similarly situated officials.
This judgment reinforces the principle that an employee's career should not be adversely affected by unsubstantiated allegations and pending investigations unless formal charges are filed. The decision marks a crucial step in ensuring fair treatment of government employees under investigation.
Bottom line:-
Promotion cannot be withheld merely on the ground of suspicion or pendency of a preliminary inquiry or investigation where no charge sheet has been issued.
Statutory provision(s): Sections 384/34 IPC, Office Memorandum dated 09.05.2006
Smt. Dipali Baruah v. State of Assam, (Gauhati) : Law Finder Doc id # 2891192
