Shimla, Sept 9,
The Himachal Pradesh High Court has ordered the State government to consider the case of Bir Singh, an Honorary Head Constable, for promotion to the post of Honorary Assistant Sub-Inspector (ASI) with all consequential benefits, despite the pendency of a criminal case.
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Justice Sandeep Sharma, while allowing the petition, held that “mere pendency of a criminal case where no charge sheet has been filed cannot be a ground to deny promotion.” The Court emphasized that sealed cover procedure can only be applied once a charge-sheet or charge-memo is served, citing the Supreme Court’s ruling in Union of India vs. K.V. Jankiraman (1991).
The petitioner had been named in an FIR registered under Sections 409 and 120-B IPC after allegations of irregularities in malkhana records during his tenure. However, he was exonerated in departmental proceedings in 2012, and despite repeated filing of untraced reports by the investigating agency, the trial court directed further probe.
Bir Singh argued that other co-accused officials, similarly situated, had already been granted promotion and retiral benefits by orders of the High Court in 2024 and 2025. The Court found merit in the claim, noting that once exonerated in departmental inquiry, an employee cannot be denied career progression solely on the basis of pending investigation.
“In no eventuality can an employee named in an FIR be denied promotion, especially when no charge is framed,” Justice Sharma observed, directing the authorities to grant Bir Singh promotion from the date his juniors were elevated.
The ruling ensures that the petitioner will not only be promoted but will also receive all consequential service benefits.
