Ram Gopal vs CHANDIGARH ADMINISTRATION on 3 November 2026

1), whereby applicant was asked to attend the office of respondent No. 5 on 02.11.2026 at 11:00 AM, including order dated 16.01.2025 (Annexure A-2) and interim report of Inquiry Committee dated 20.03.2025 (Annexure A-3) qua promotion, seeking quashing thereof as being illegal, arbitrary and without jurisdiction. It is submitted that the applicant was appointed as Assistant Sub-Inspector in Chandigarh Police on 16.03.1991 and was promoted as Inspector under the 5% sports quota, with his ad hoc promotion subsequently regularised w.e.f. 24.01.2002, following consideration by the competent authorities. His promotion was challenged before this Tribunal in O.A. No. 650/2002, which was dismissed vide order dated 19.12.2003. Learned counsel for the applicant submits that the allegations concerning the genuineness of his sports certificate and his promotion were investigated in FIR No. 80/2008, and the cancellation report was accepted by the competent criminal court vide order dated 25.02.2010 (Annexure A-5). The subsequent challenge to the cancellation report was dismissed by the Hon’ble Punjab and Haryana High Court vide order dated 04.09.2017 (Annexure A-9). Learned counsel for the applicant further submits that this Tribunal, vide order dated 24.11.2020 in O.A. No. 060/1359/2017, directed consideration of his promotion to the higher post, which order was upheld by the Hon’ble High Court on 10.02.2025 and the Hon’ble Supreme Court on 13.10.2025. He also relies upon the order dated 22.07.2026 passed in O.A. No. 060/990/2019, whereby directions were issued for his induction into the IPS w.e.f. 01.01.2018. In this O.A., the applicant challenges the constitution of Inquiry Committee vide order dated 16.01.2025 (Annexure A-2) and its interim report dated 20.03.2025 (Annexure A-3), which recommended reopening the investigation concerning his promotion on allegations already examined in the earlier proceedings. He submits that the subsequent order dated 26.03.2025 permitting further investigation in FIR No. 80/2008 has been stayed by the Hon’ble High Court vide order dated 14.10.2026 (Annexure A-14). Learned counsel for the applicant contends that despite the aforesaid judicial proceedings and findings, a complaint dated 30.12.2024 (Annexure A-12), reiterating the same allegations has been pursued against him. It is submitted that the applicant learnt of the complaint only upon receipt of notice dated 30.10.2026 (Annexure A-1), requiring his appearance before respondent No. 5 on 02.11.2026, and submitted his reply dated 02.11.2026 (Annexure A-13). Learned counsel for the applicant asserts that continuation of the proceedings is arbitrary and without jurisdiction and is prejudicial to his pending claims for promotion to higher posts. Learned counsel for the respondents has vehemently opposed the prayer for interim directions. It is contended that the O.A., insofar as it seeks to stay the ongoing inquiry at its threshold, is premature and that judicial interference at the stage of initiation of proceedings is unwarranted in the absence of demonstrated jurisdictional defect, patent illegality or mala fides. They submit that notice dated 30.10.2026 (Annexure A-1) does not constitute a final determination of misconduct and that the applicant should be permitted to present his defence before the competent authority. This Tribunal has considered the matter. It is evident that the allegations concerning the applicant’s promotion and the genuineness of his sports certificate have been the subject matter of earlier litigation, culminating in orders of the Hon’ble High Court and the Hon’ble Supreme Court. Further, the Hon’ble High Court, vide order dated 14.10.2026 (Annexure A- 14), has stayed further investigation pursuant to the order dated 26.03.2025 in FIR No. 80/2008. In these circumstances, the initiation or continuation of proceedings founded upon the same allegations, without due regard to the aforesaid judicial orders, warrants interim protection. Accordingly, further proceedings pursuant to notice dated 30.10.2026 (Annexure A-1) shall remain stayed till the next date of hearing.

Respondents may file their reply within four weeks. List for further consideration on 18.12.2026. Modification/continuation of the interim direction shall be considered on the next date of hearing.

Ramesh Singh Thakur Member (J) Shivam ( court master )