The Gauhati High Court has directed Assam police authorities to reconsider the promotion and service confirmation of a Sub-Inspector, observing that a pending criminal investigation without a charge sheet should not automatically block career progression.
Background of the Case
The case, Smt. Dipali Baruah vs State of Assam & Ors. (WP(C)/331/2024), was heard by Justice Budi Habung, with the judgment delivered on April 30, 2026.
Dipali Baruah, a long-serving police officer, joined as a constable in 1990 and was later promoted to Sub-Inspector in 2013. Her grievance arose when her name was excluded from the final confirmation list of Sub-Inspectors, despite completing required training and being senior to others who were promoted.
The issue stemmed from an FIR registered in 2017 alleging extortion. She was suspended for a brief period, but the suspension was later regularised and treated as duty. Notably, the complainant later withdrew the allegations, stating they were based on misunderstanding.
During the hearing, the petitioner argued that no charge sheet had been filed even after several years, and therefore her promotion could not be denied. Reliance was placed on the Supreme Court ruling in Union of India vs. K.V. Janakiraman.
The bench noted that the law clearly states that promotions cannot be withheld merely due to suspicion or pending investigation.
“The settled position is that denial of promotion cannot rest solely on a pending inquiry where no charge sheet has been issued,” the court observed in essence while examining the legal position.
The court also took into account that similarly placed officers in the same case had been considered for promotion by the department.
After hearing both sides, including the State’s submission agreeing to reconsider the matter, the court chose not to directly grant relief but issued clear directions.
The High Court ordered the authorities to re-examine Baruah’s case for:
- Confirmation as Sub-Inspector (UB)
- Consideration for promotion to Inspector (UB)
The court directed that this exercise must follow existing government guidelines, relevant office memorandums, and the Supreme Court’s ruling. It also asked authorities to consider the absence of a charge sheet and parity with similarly situated officials.
The entire process has been ordered to be completed within three months from receipt of the court’s order.
Case Details:
Case Title: Smt. Dipali Baruah vs The State of Assam & Others
Case Number: WP(C)/331/2024
Judge: Justice Budi Habung
Decision Date: 30 April 2026
