FIR Alone Cannot Stall Promotion: Punjab & Haryana HC Clarifies

Case Name: Jaspreet Singh vs Union of India & Others

Date of Order: 27 August 2025

Citation: CWP No. 16553 of 2024 (O&M) 

Bench: Justice Harsimran Singh Sethi, Justice Vikas Suri (DB)

Held: Mere registration of an FIR does not amount to “pendency of criminal proceedings” for the purposes of withholding promotion under Clause 3(a) of the Army Order.

Summary: The petitioner was granted promotion to the post of Junior Commissioned Officer (JCO) by order dated 25.05.2022. However, the promotion was not implemented on the ground that an FIR had been registered against him. The Armed Forces Tribunal, Chandigarh, upheld this stand and rejected the petitioner’s claim.

The High Court, relying on Union of India v. K.V. Jankiraman (1991) 4 SCC 109, held that criminal proceedings can be considered pending only after a charge-sheet is filed and cognizance is taken, not merely upon registration of an FIR. Since no charges had been framed against the petitioner, the Tribunal’s order was found to be perverse.

Decision: The Court set aside the Armed Forces Tribunal’s order dated 14.12.2023 and directed the authorities to treat the petitioner as promoted to JCO w.e.f. 25.05.2022, with all consequential benefits, to be implemented within eight weeks.