Page No.# 1/5 GAHC010028532026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/930/2026 GOPAL DOLEY S/O- LATE NARA KANTA DOLEY, RESIDENT OF VILL.- BAGHMARA, P.O. CHARIGHORIA, P.S. PULIBOR, DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, POLITICAL AND HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-7. 3:THE INSPECTOR GENERAL OF POLICE (ADMN) ASSAM ULUBARI GUWAHATI-7. 4:THE INSPECTOR GENERAL OF POLICE (BTAD) KOKRAJHAR ASSAM PIN- 783370. 5:THE SENIOR SUPERINTENDENT OF POLICE SB (E) ASSAM KAHILIPARA GUWAHATI-19. 6:THE SUPERINTENDENT OF POLICE Page No.# 2/5 TAMULPUR ASSAM PIN- 781367. 7:THE SUPERINTENDENT OF POLICE BAKSA MUSHALPUR ASSAM-781372 Advocate for the Petitioner : MR. J AHMED, MR B ISLAM,MR Z RAHMAN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.06. 2026 Heard Mr. J. Ahmed learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Additional Senior Government Advocate for the respondents. 2. The petitioner is presently serving in the rank of Head Constable. Pursuant to an order dated 26.07.2023 passed by the Departmental Proceeding, the petitioner was demoted from the rank of Assistant Sub-Inspector (UB) to the post of Head Constable. Subsequently, by order dated 30.01.2024 case of the petitioner, along with other similarly situated candidates who had successfully cleared the departmental examination was considered for promotion were allowed to officiate in the rank of Sub-Inspector (UB). The name of the petitioner appears at Serial Number 12 of the said order. However, this order stated that their promotion may accordingly be considered, subject to there being no Court case/ Departmental Proceeding pending or contemplated against Page No.# 3/5 the incumbent. It is submitted that at the time when the petitioner was considered for promotion and the promotion order was issued, there was a criminal matter pending against the writ petitioner before the Special Judge in Special Case No. 1 of 2024. Subsequently, by order dated 18.07.2025 the petitioner was discharged from the said criminal proceeding due to lack of evidence and the petitioner was set at liberty. Thereafter, the petitioner approached the authorities filing a representation that he shall be permitted to join in his place of posting in terms of the order of promotion dated 30.01.2024. However, by order dated 05.03.2024 his release order from his earlier post as a Head Constable was cancelled by the authorities. Being aggrieved, the petitioner had approached this court by filing this present writ petition. 3. Pleadings have been exchanged. 4. The learned State Counsel submits that the Department has filed a Criminal Petition against the order dated 18.07.2025 passed by the Special Judge in Special Case No. 1 of 2024 and the matter is presently pending before this Court. 5. It is submitted that under such circumstances, since there is a Court Case pending against the petitioner he cannot be allowed to join in his place of posting in view of such specification in the order dated 30.01.2024. 6. The learned counsel for the parties has been heard. Pleadings available on record have been carefully perused. Page No.# 4/5 7. The order dated 30.01.2024 considered the case of the petitioner along with other similarly situated persons for temporary promotion to the post of Sub-Inspector of Police (UB). The petitioner's name figures in the said order at Serial Number 12. However, the order clearly specifies that in the event of any pendency of court cases and departmental proceedings, the promotions will not be given effect to. Consequently, the release order which was earlier issued to the writ petitioner from his present place of posting as a Head Constables stood cancelled by the impugned order dated 05.03.2024. 8. It is also submitted by the learned State Counsel that the Criminal Revision Petition has been filed being Criminal Petition No. 391 of 2026 and the matter is presently pending before the Court. 9. Having noticed to the facts placed before this Court, it is evident that the order of promotion was issued on 30th of January 2024 and the criminal proceeding was pending against the writ petitioner at the time when the petitioner was selected for promotion. Thereafter, by order dated 18.07.2025 the petitioner was discharged and against which the Department has filed a Criminal Revision Petition, where the order of discharge has not been stayed, as per the submissions of the learned counsel from the petitioner. 10. Under such circumstances, the petitioner's right to promotion in terms of the order dated 30th of January 2024 stood crystallized with effect from 18.07.2025. With effect from 18.07.2025, there is no criminal proceeding or trial is pending against the writ petitioner, as the petitioner has been discharged. Although, the Department has filed the Criminal Petition being Page No.# 5/5 Criminal Petition No. 391 of 2026, which is pending and no interim orders have been passed or any orders have been passed suspending or interfering with the order of discharge passed by the Special Court. 11. Under such circumstances, the Court is of the view that the claim of the writ petitioner is required to be allowed. The Department will forthwith permit the petitioner to join in his place of posting as Sub-Inspector in terms of the order dated 30th of January, 2024, as the said order itself reflects that this promotion is being made temporarily, the confirmation of the writ petitioner, however, shall be subject to the outcome of such orders that may be passed in the said Criminal Petition, which is pending before this Court. 12. Accordingly, this writ petition stands allowed to the extent indicated. The petitioner will be permitted to join in his place of posting and necessary orders shall be issued by the Department within a period of 2 (two) weeks from the date of receipt of certified copy of this order. JUDGE Comparing Assistant