ISIHANGBE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned Sr. counsel assisted by Mr. Imchen, learned counsel for the petitioner and Ms. Inaholi, learned Government Advocate for the respondents.

(2.) This writ petition is a sequel to an earlier proceeding before this Court by the same petitioner. The essential facts necessary for deciding this matter are that the petitioner who is an employee in the Police Department was given out-of-turn promotion to the rank of Unarmed Branch Inspector (UBI). The petitioner was a part of a four-member Anti-Vehicle Theft Squad (hereinafter referred to as "AVTS") and during the relevant point in time the AVTS has been successfully recovering a total of 57 (fifty seven) vehicles worth around 2.5 crores leading to the arrest of 3 (three) habitual offenders that culminated in their detention under NSA.

(3.) In terms of the Office Memorandum dated 16.09.2005, it provides for out-of-turn promotion in cases where the conditions therein Office Memorandum are satisfied. As the petitioner fulfilled the criteria provided in the said Office Memorandum, the petitioner's name was recommended for out-ofturn promotion from the rank of Unarmed Branch Sub-Inspector to Unarmed Branch Inspection (Class-II Gazetted) and he was promoted to the said post vide Notification dated 23.1.2018. Subsequently, by another Notification dated 05.06.2018, the petitioners out-of-turn promotion was revoked with immediate effect allegedly owing to non-fulfillment of the criteria. By the said Notification, it was provided that his promotion will be taken up only as and when all essential conditions are fulfilled under normal circumstances.