Navneet Kishore Dixit vs Union of India and Ors.

THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Extra-Ordinary Jurisdiction)

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SINGLE BENCH: THE HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE, CHIEF JUSTICE

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W.P(C) No.02 of 2026


Shri Navneet Kishore Dixit
Aged about 58 years,
Son of Late Sri Ram Manohar Lal Dixit
Resident of Nirala Estate, Greater Noida West, UP
Presently posted as the Superintending Engineer (Civil),
HQ Swastik, Gangtok – 737101
Border Roads Organisation under Ministry of Defence

... Petitioner
versus


1. Union of India
Through Secretary,
Ministry of Defence,
South Block, Raisina Hills,
New Delhi – 110011
Email : [email protected]

2. Director General Border Roads (DGBR),
Seema Sadak Bhawan,
Ring Road, Delhi Cantt.,
New Delhi – 110010
Email : [email protected]
[email protected]

3. Joint Secretary, (BR)
Ministry of Defence,
South Block, Raisina Hills,
New Delhi - 110011 ... Respondents


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WP (C)/2/2026
(Navneet Kishore Dixit vs. Union of India & Ors.)
Appearance:
Mr. Sudesh Joshi, Senior Advocate with Mrs. Manita Pradhan and Mr.
Adarsh Gurung, Advocates for the Petitioner.

Ms. Sangita Pradhan, Deputy Solicitor General of India with Ms.
Natasha Pradhan and Mr. Amit Kumar Sharma, Advocates, for the
Respondent(s).

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Date of Hearing : 22.05.2026
Date of Judgment : 22.05.2026
Date on which uploaded : 25.05.2026
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J U D G M E N T
(Hon’ble Mr. Justice A. Muhamed Mustaque, C.J.)


The petitioner is currently working as a Superintendent
Engineer (Civil) in the Border Roads Organisation (BRO). There
are more than ten (10) vacancies in the cadre of Chief
Engineer and he was due to be considered for promotion as the
Chief Engineer. However, on account of the pendency of a
vigilance enquiry, he was not considered for promotion.
[2] It was submitted by the Learned Senior Counsel Mr.
Sudesh Joshi, that many others who were similarly situated as
the Petitioner were considered for promotion and were
promoted during the pending of the present litigation. Thereby,
this Court, vide Order dated 19.02.2026, passed the following
Order:
“ It is submitted by the learned Deputy Solicitor
General of India, on instructions, that there are
ten (10) vacancies existing in the cadre of Chief
Engineer, Border Roads Organisation (BRO). If
that is so, one of such vacancies shall be kept
vacant until a further decision is taken in this
matter.
It is made clear that the Respondents are at
liberty to proceed with promotions against the
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WP (C)/2/2026
(Navneet Kishore Dixit vs. Union of India & Ors.)
remaining vacancies. However, the inter se
seniority shall be subject to the final decision in
this case, and all other promotees shall be
informed about the pendency of this litigation
before this Court while they are being promoted.
th
Matter stands over to 06 April, 2026 ” .
[3] It is now submitted by the Learned Deputy Solicitor
General of India that the vigilance clearance has been
technically granted and there is no impediment in considering
the Petitioner for promotion to the post of Chief Engineer. It is
further submitted by the Learned Senior Counsel for the
Petitioner that certain other benefits were also due since
January, 2023.
[4] Having considered the fact that vigilance clearance has
been technically granted, there shall be a direction to
constitute a Departmental Promotion Committee (DPC) to
consider the Petitioner for promotion in accordance with the
relevant Rules. If any monetary benefits are found to be due,
which were withheld on account of administrative reasons
arising out of the vigilance enquiry, the same shall be
considered for disbursal without any delay. Anyway, the entire
process shall be completed within a period of eight weeks. If
the Petitioner is found eligible promotion to the post of Chief
Engineer, the inter-se seniority shall be fixed in accordance
with his seniority.

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WP (C)/2/2026
(Navneet Kishore Dixit vs. Union of India & Ors.)
[5] Accordingly, WP(C) No. 02 of 2026 stands disposed of in
the above terms.

Chief Justice
Approved for Reporting : Yes/No
ak/arc

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