Shahnaz Ali v. Union Of India And ORS.

20.01.2026 rkd W.P.A. 26683 of 2025 Ct.02 DO Smt. Shahnaz Ali -vsUnion of India & Ors.

Mr. Mritunjoy Chatterjee, Syed Nafirul Islam, Ms. Afsana Khan, Ms. Suchismita Chakrobarty, Mr. Manas Das ....for the petitioner.

Mr. Parth Ghosh, Mr. Amal Kumar Datta ....for the Union of India.

1.

Question cropped up on 6th January, 2026 during course of hearing whether Advisory Letter dated 22nd April, 2025 issued by Inspector General of Police, West Bengal Sector, CRPF will create hindrance in promotion of the petitioner to next higher cadre.

2.

After hearing the learned advocates Court directed the learned advocate representing Union of India to obtain instruction.

3.

Today Mr. Ghosh, learned advocate representing Union of India placing reliance on office memo dated 6th December, 2016 issued by Director (E), Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, Government of India containing clarification regarding effect of warning, censure etc. has

submitted that said Advisory Letter dated 22nd April, 2025 will not create bar in promotion of the petitioner to next higher cadre.

4.

In aforesaid memo dated 6th December, 2016 it is clarified under Clause 2(iii) that warning, letter of caution, reprimands or advisories do not amount to a penalty and, therefore, will not constitute a bar for consideration of such Government servants for promotion.

5.

In view of Clause 2(iii) of memo dated 6th December, 2016 and submission made on behalf of the Union of India it is observed that Advisory Letter dated 22nd April, 2025 issued by the Inspector General of Police, West Bengal Sector, CRPF shall not create hindrance in promotion of the petitioner.

6.

However, in assessing performance of the petitioner if said Advisory Letter dated 22nd April, 2025 is considered by the authority which is adverse to the interest of the petitioner, petitioner shall have liberty to approach appropriate authority with representation and same shall be considered in accordance with law.

7.

With the aforesaid observations and directions writ petition stands disposed of.

8.

There shall be no order as to costs.

9.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)