Navajyoti Roy vs State Of Assam And 6 Ors

Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. P.P. Dutta, learned counsel for the petitioner. Also heard Mr. D. Borah, learned

Government Advocate for the respondents.

By filing this writ petition under Article 226 of the Constitution of India, the petitioner has, inter alia, challenged the action of the respondents in not

confirming the promotion of the petitioner to the rank of Sub Inspector (UB), to forbear from giving effect to the decision of the Departmental

Proceeding to consider the case of the petitioner for confirmation in service as Sub Inspector (UB) and to not include the name of the petitioner in the

pre-promotion cadre training course for promotion to the rank of Sub Inspector (UB) and subsequent promotion to the rank of Inspector (UB) and for

a direction to the respondents for confirmation of his service in the rank of Sub Inspector (UB).

The case as projected by the petitioner is that while serving as In-Charge of Gerukabari Police Petrol Post under Bongaigaon DEF, departmental

proceeding bearing DP No.1/2020 initiated against the petitioner.

The learned senior counsel for the petitioner submits that the petitioner is awaiting confirmation of promotion in the rank of Sub Inspector (UB)

w.e.f. 01.12.2014. Accordingly, it is submitted that the proceedings against the petitioner of a later date cannot be a cause of consideration for not

giving promotion to the petitioner w.e.f. 01.12.2014. Accordingly, the learned senior counsel for the petitioner prays for interim relief.

The learned Govt. Advocate opposes the prayer for interim relief on the ground that as the name of the petitioner is not included in the order dated

19.06.2021 by the Director General of Police, Assam, the petitioner would not be entitled to have pre-promotion cadre training course. It is also

submitted that he would require instructions from the respondents as to whether any departmental proceeding is pending/ contemplated against the

petitioner. Accordingly, the prayer for interim relief is opposed.

Issue notice returnable on 20.08.2021.

No steps are required to be taken as the respondents are represented by the learned Govt. Advocate. However, requisite additional copies of the

writ petition be furnished to him within 2 (two) days.

Considered the prayer for interim relief. The Court has taken note of the submissions made by the learned senior counsel for the petitioner that

department proceedings initiated against the petitioner is not completed yet. The Court has also taken note of the submissions made by the learned

senior counsel for the petitioner that promotional training is not a regular feature and is periodically taken up after 2-3 years and batch to batch wise

and it is submitted that if the petitioner cannot undergo the pre-promotion cadre training course, even if the writ petition stands allowed, he would not

become entitled to be confirmed in the rank of Sub Inspector (UB) and therefore, he would lose the opportunity of promotion.

Considering the above stated situation, this Court is inclined to provide that the respondent nos.2, 3, 4 and 6 shall permit the petitioner to undergo

pre-promotion cadre training course for promotion to the rank of Sub Inspector (UB). However, it is provided that participation in such training course

shall not give, confer and/ or create any substantive right on the petitioner for being confirmed in the rank of Sub Inspector (UB) and the issue of

promotion of the petitioner would be subject to further orders that may be passed in the writ petition.

The petitioner is allowed to provide a downloaded copy of this order to the learned Govt. Advocate and to the competent authority and the said

authority is at liberty to verify the correctness of the order from the website of the Court and act accordingly.

List on 20.08.2021.