Mere Registration of FIR Not Ground to Withhold Promotion: Punjab and Haryana High Court

The Punjab and Haryana High Court has ruled that mere registration of an FIR does not denote pendency of criminal proceedings and thus, a promotion cannot be withheld for this reason.

The ruling came in the case of an Army soldier whose promotion was withheld after an FIR against him was treated as ongoing proceedings under Army Orders.

Dissatisfied with the Armed Forces Tribunal’s decision, he moved to the High Court.

The Court relied on Union of India v K.V. Jankiraman, the Court clarified that criminal proceedings commence only once a chargesheet is filed and cognisance taken.

[District Bar Association Malerkotla v State of Punjab and Ors.]