Gauhati High Court Says Promotion Cannot be Denied Due to Pending Investigation Without Chargesheet

The Gauhati High Court directed authorities to reconsider the confirmation and promotion of a Sub-Inspector whose advancement was withheld due to a pending investigation, despite no chargesheet being filed.

The Court held that mere pendency of an inquiry or suspicion cannot be a valid ground to deny promotion. Relying on settled legal principles, it reiterated that such benefits can be withheld only after issuance of a formal chargesheet or initiation of disciplinary proceedings.

Since the investigation had not reached that stage, the denial of promotion was found unjustified.

The Court accordingly ordered reconsideration of the officer’s case in accordance with law.

[Smt. Dipali Baruah v. State of Assam & Ors.]