leave petitions.
Disposing of them matters, this Court,
HELD: 1. The sealed cover procedure is to be resorted to
only after the charge-memo/charge ... will not be sufficient to enable the authorities to adopt
the sealed cover procedure. The preliminary investigations
take an inordinately long time and particularly when
September 14, 1992--Rationale behind OMs
explained--'Sealed cover procedure'--Applicability to
government servants--Whether actual service of charge sheet
necessary.
Words ... followed the
sealed cover procedure. Accordingly, the High Court has
directed the D.D.A. to
1038
open the sealed cover; to promote the respondent
premise that
a vigilance case was pending against him, sealed cover procedure was
adopted by the DPC purported to be in terms of the circular ... cover procedure were applicable were contained in paragraph 2 of the
office memorandum dated 12.01.1988 which reads as under:
"Cases where 'Sealed Cover
instead
it put the recommendations in sealed cover as enjoined by
the conditions specified in the Sealed Cover Procedure
adopted by the Government of India ... respondent in
the sealed cover, investigation into the case involved in
the aforesaid FIR was pending. Hence the Sealed Cover
Procedure was adopted
sealed cover procedure and it is only
when charges are framed against an employee by the Court, the sealed cover
procedure be resorted to. Counsel ... authorities to adopt the sealed
cover procedure. The Apex Court thus clearly held that sealed cover
procedure can be resorted to after the charge memo
follow the sealed
cover procedure in his case.
The Tribunal allowed respondent's application holding that
the sealed cover procedure could not be followed ... cover procedure in his case. The Tribunal
has accepted the respondent's claim and allowed his
application holding that the sealed cover procedure could
departmental proceedings/criminal prosecution is initiated
against the employee. The sealed cover procedure is to be
resorted to only after the charge-memo/ charge-sheet ... date the sealed cover procedure was
resorted to by the respondents.
8. The law with regard to resorting to sealed cover
procedure is more than
result is kept in the sealed
cover.
7. Feeling aggrieved by the adoption of sealed cover procedure, the
appellant filed ... lead to the
DPC recommendation to be kept in sealed cover. The
sealed cover procedure is to be resorted to only
after the charge memo
clearly
borne out that "the sealed cover procedure" is required to be adopted at the
time of consideration of a case ... petitioner in a sealed cover.
13 The contention of learned counsel for the respondents that the „sealed
cover procedure‟ can be and should be resorted
regard to adoption
of sealed cover procedure. As they have not done so, resorting
to sealed cover procedure in respect of the applicants cannot ... that for adopting the sealed cover procedure, conditions for
adopting the sealed cover procedure must have existed at the material point of
time. Thus, even
