Page No.# 1/4 GAHC010274932023 2025:GAU-AS:3208 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7154/2023 SUBHASH MARAK S/O LATE BRONSON CHANGMA, R/O VILL-NAYEKGAON, P.S.- KOKRAJHAR, DIST-KOKRAJHAR (BTR), ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI-3 3:ADDITIONAL DIRECTOR GENERAL OF POLICE (TAP) ASSAM ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI-3 4:THE SUPERINTENDENT OF POLICE KOKRAJHAR DIST-KOKRAJHAR ASSAM PIN-783370 5:THE SUPERINTENDENT OF POLICE SONITPUR TEZPUR Page No.# 2/4 DIST-SONITPUR ASSAM PIN-784001 6:OFFICER-IN-CHARGE TEZPUR POLICE STATION SONITPUR ASSAM PIN-784001 7:INVESTIGATION OFFICER (I.O) OF TEZPUR P.S. CASE NO. 1174/2011 TEZPUR POLICE STATION SONITPUR ASSAM PIN-784001 8:THE ACCOUNTNAT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 9:RESERVE OFFICER KOKRAJHAR POLICE RESERVE KOKRAJHAR ASSAM PIN-78337 Advocate for the Petitioner : MR. P P DUTTA, MS. P P DAS,MS P SARMA Advocate for the Respondent : GA, ASSAM, SC, AG BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 24.03.2025 Heard Mr. P P Dutta, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Additional Senior Government Advocate, Assam for respondent Nos.1 to 7 & 9; and Mr. R.K. Talukdar, learned Page No.# 3/4 standing counsel, Accountant General appearing for the respondent No.8. The petitioner was deputed to PSO duty for one BPPF leader and on 23.10.2011 the petitioner along with others was arrested for allegedly carrying illegal arms and for his implication as accused in Tezpur PS case No.1174/2011 registered under sections 120(B)/121/121(A)/384 IPC & read with section 25(1-A) Arms Act & read with section 10/13 UA(P) Act, the petitioner is deprived of his promotion and other service benefits. It was the contention of Mr. Dutta that due to pendency of the aforesaid PS Case, the petitioner has not been granted due promotion/service benefit. In view of the aforesaid submission, this court sought instructions from the State respondents whether any charge sheet has been filed in this case. Accordingly Mr. Dhar learned Addl. Senior Government Advocate on instructions from Superintendent of Police, Sonitpur, Tezpur submits that the aforesaid Tezpur PS case No.1174/2011 registered under sections 120(B)/121/121(A)/384 IPC & read with section 25(1-A) Arms Act & read with section 10/13 UA(P) Act was reinvestigated into and after completion of investigation, closure report vide FR No.290/24 dated 31.12.2024 was submitted. In view of the aforesaid, it is clear that the petitioner cannot be deprived of his any of the right under service rule including promotion, increments etc only on the ground of pendency of Tezpur PS Case, as closure report has already been filed. Page No.# 4/4 With the aforesaid observation, the writ petition stands closed. The petitioner may file appropriate representation before the authorities for consideration of his claim for promotion and same may be considered by the respondent authorities as per law without taking note of the Tezpur PS Case No.1174/2011. A copy of the communication dated 08.01.2025 addressed to Mr. R Dhar, learned Addl. Senior Government Advocate by the Superintendent of Police, Sonitpur, Tezpur is kept on record and marked as document ‘X’. JUDGE Comparing Assistant