Page No.# 1/5 GAHC010168262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4286/2025 HARESWAR GOGOI S/O- BHOIRABESWAR GOGOI , R/O- GAMES VILLAGECAMPUS, BLOCK A 9, 103, LALMATI, BASISTHA, GUWAHATI, KAMRUP METRO, VERSUS THE STATE OF ASSAM AND ORS REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, HOME AND POLITICAL DEPARTMENT, GUWAHATI-06, ASSAM 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-7. 3:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN ) ASSAM ULUBARI GUWAHATI-07 KAMRUP METRO 4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI-781007. 5:THE COMMISSIONER OF POLICE GUWAHATI POLICE COMMISSIONERATE KAMRUP METRO 6:THE DEPUTY COMMISSIONER OF POLICE Page No.# 2/5 (ADMIN) GUWAHATI KAMRUP METRO 7:THE OFFICER IN CHARGE GORCHUK POLICE STATION GARCHUK GUWAHATI KAMRUP METR Advocate for the Petitioner : MR. Z H BORA, MS. S KAKATI,MR. S BORTHAKUR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 25.05.2026 Heard Mr. S. Borthakur, learned counsel appearing for the petitioner and Mr. J. K. Goswami, learned Addl. Senior Govt. Advocate, Assam for the respondents. 2. The notice in this matter was issued on 01.08.2025. Although no affidavit- in-opposition has been filed, Mr. Goswami submits that he is under instructions from the respondent authorities that the matter in which the petitioner was alleged to be involved in has not yet culminated in a charge sheet and there is no disciplinary proceeding pending against the petitioner. 3. In light of the above, at the consent of the learned counsel for the parties, this matter is taken up for disposal. 4. The petitioner while posted in the Special Task Force (STF) Assam as an assistant sub-inspector (Anam Branch) was arrested in connection with Gorchuk Page No.# 3/5 P.S. Case No. 191 of 2017. Thereafter a disciplinary proceeding was initiated where, by the order dated 06-05-2020, the petitioner was exonerated from the charges of serious misconduct and dereliction of duties. 5. The petitioner thereafter passed the department's examination and his promotion course for promotion to the rank of sub-inspector (Unarmed branch) and by the order dated 07-08-2021, passed by the DGP Assam, a total of 542 numbers of A. S.I.(UB) was promoted to the rank of SI (UB) without considering the case of the petitioner for his promotion. 6. The learned counsel for the petitioner submitted that the petitioner having been cleared of the charges of the departmental proceeding and there being no charge sheet pending against him in the competent criminal court, non consideration of his case for promotion by the respondent authorities requires interference of this Court and the respondents are liable to be directed to consider the case of the petitioner for promotion from the post of ASI (UB) to the rank of SI (UB) by applying the same yardsticks in the same year as 542 numbers of the ASI(UB) was promoted by the order darted 07.08.2021. 7. The learned counsel for the petitioner has placed before this Court an order dated 11.12.2025, passed in respect of the one of the co-accused in the same Gorchuk P.S. Case No. 191 of 2017 who has been considered later on and have given to the benefit of the promotion with effect from in the year 2023. 8. Mr. Borthakur submits that the person involved in the order dated 11.12.2025 had initially been granted his promotion but the same was not given effect to due to the involvement of Gorchuk P.S. Case No. 191 of 2017 by the order dated 11.12.2025 and the promotion of the said person had been given Page No.# 4/5 effect to from 21.07.2023. He prays that the respondents be directed to consider the case of the petitioner on its own merit as was applied for the other promotions and grant him the benefit of promotion with effect from a date the promotions were given effect to to the persons who are immediate juniors to the petitioner. 9. The learned counsel appearing for State respondents submitted that since there is no charge sheet pending against the petitioner with regard to Gorchuk P.S. Case No. 191 of 2017 and since he has already been exonerated in the departmental proceeding, the respondents would not be averse to consider his case for promotion on his own turn and merits as has been given to his juniors by the order dated 07.08.2021. 10. I have heard the parties and I have also perused the documents of the writ petition. 11. This court is in agreement with the proposition laid down by this Court in the order dated 25.05.2023, passed in WP(C) No. 448 of 2023, where it was held that in the event an employee is found to be involved in a disciplinary proceeding or in a police case which has been charge sheeted, his case has to be considered on its own merit and kept in a sealed cover if necessary. The further proposition was that on being exonerated in the departmental proceeding and in the criminal proceeding, if any initiated, the employee would have a right to be allowed to enjoy the benefit of promotion if he was found fit in his own turn. 12. In the present case, it is not the stand of the respondents that the petitioner is not fit for his promotion, it appears that his promotion had not Page No.# 5/5 considered only the allegation that there was a police case registered against him. Therefore, this court is of the considered view that simple registration of case against a person cannot have adverse effect on his promotion where his juniors have been considered and have been promoted, more so, when another co-accused in the same police case has been afforded his due promotion from the rank of constable to the rank of ASI. 13. Accordingly, since it is admitted position that there is no criminal case pending before any of competent court of law and he has been exonerated in the departmental proceeding, the respondents shall take immediate steps to have the case of the petitioner considered by a Selection Committee, if necessary, and if not already considered, for promotion and give effect to the recommendation of the selection Committee for promoting the petitioner from the post of ASI (UB) to the post of ASI (UB). It is made clear that if the petitioner is afforded the promotions, the date of effect shall be such that he maintains seniority over his immediate junior in the Feeder cadre. 14. The entire process of considering the case of the petitioner be carried out within a period of 2 (two) months from the date of receipt of the certified copy of this order. 15. The writ petition is accordingly disposed of. No cost. JUDGE Comparing Assistant