GAUHATI HIGH COURT ISSUES ORDER ON SMT. DIPALI BARUAH V/S THE STATE OF ASSAM AND 5 ORS

GUWAHATI, India, June 2 -- Gauhati High Court issued the following order on April 30:

1. Heard Mr. D. K. Roy, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate appearing on behalf the State respondents.

2. By filing this writ petition, the petitioner has prayed for the following reliefs:-

i. To direct the respondent to recall, rescind, cancel, or forbear from giving effect to the impugned decision of the Departmental Selection Board not to consider the case of the petitioner for confirmation in her service as SI (UB);

ii. To consider the case of the petitioner for confirmation of her service in the rank of SI (UB); and

iii. To consider the case of the petitioner for pre-promotion cadre course training for promotion to the rank of Inspector (UB).

3. The case of the petitioner in brief is that she was appointed as a constable and joined service on 12.09.1990. Thereafter, she was promoted to the post of Havildar w.e.f. 31.10.2003 and subsequently promoted to the rank of SubInspector (UB) with effect from 23.10.2013.

4. While serving as Sub-Inspector (UB), an FIR was lodged on 15.05.2017, by one Shri Biren Haloi alleging inter alia, that the petitioner had demanded a sum of Rs. 10,00,000/- (Rupees ten lakhs only) for securing his release, and that an amount of Rs. 4,00,000/- (Rupees four lakhs only) was paid, following which he was released on 11.05.2017. On the basis of the said FIR, a criminal case being Garchuk P.S. Case No. 191/2017 under Sections 384/34 IPC was registered and investigation was initiated. The petitioner was arrested in connection with the said case.

5. The learned counsel for the petitioner submitted that on account of aforesaid allegation, the petitioner was placed under suspension for the period from 02.06.2017 to 04.12.2017. However, by an order dated 18.09.2021 issued by the Superintendent of Police, South Salmara-Mankachar District, Hatsingimari, and the Disciplinary Authority, the said period of suspension has been regularised and treated as on duty.

6. The learned counsel for the petitioner further submits that the informant who lodged FIR against the petitioner subsequently withdrew the complaint by filing a petition 29.11.2023, stating that the FIR was lodged due to a misunderstanding and under the influence of certain police authority of Garchuk Police Station, and that the allegation of demand of money was not correct.

7. It is further submitted that the petitioner submits that the petitioner is awaiting confirmation of her service in the rank of Sub-Inspector (UB). A nominal list of departmental promotee Sub-Inspectors (UB) for the years 2013- 2016 was issued by the Assistant Inspector General of Police (A&E), Assam, Guwahati, for consideration for confirmation in the said rank, wherein the name of the petitioner appeared at Serial No. 91. Although the petitioner was allowed to undergo the 59th Batch Pre-Promotion Cadre Course held at Lachit Barphukan Police Academy, Dergaon, with effect from 29.01.2024 and successfully completed the same, her name was not included in the final list of confirmed Sub-Inspectors (UB), but whereas her juniors have been included.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x82%2FlkkwTCPY7HF7Z34JuRiYBbQQHyZYwXIua%2BXXwp2M&caseno=WP(C)/191/2026&cCode=1&cino=GAHC010288432025&state_code=6&appFlag=)

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