injury to the petitioner.
13. As regard to the adoption of sealed cover procedure, it has been argued on behalf of the petitioner that ... shall be kept in a sealed cover. It further provides that in such a situation where sealed cover procedure is adopted, one vacancy shall
first question, viz. as to when for the
purposes of the sealed cover procedure the
disciplinary/criminal proceedings can be said to
have commenced ... 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
cover procedure' concerning promotion of government employees. It has been contended that the Government Order dated 28th May, 1997 provides that 'sealed cover ... purpose adoption of sealed cover procedure serves in matters relating to departmental promotion. The object of adopting a sealed cover procedure is to ensure that
charge-sheet is
issued against a government servant, then the sealed cover procedure
ought to be followed in terms of the O.M. dated ... counsel for the petitioners to
justify the decision of adopting the sealed cover procedure in respect
of the petitioners. The said O.M. was issued
avail.
The learned counsel for the petitioner has submitted that the
sealed cover procedure as envisaged in a judgment of the Hon'ble
Apex ... what in service jurisprudence has come to be known as "sealed
cover procedure". Concisely stated, the questions are:-(1) what is the
date
such
circumstances, there was nothing wrong in the DPC
adopting the sealed cover procedure and considering that a
D.S.Sherla page ... justified in seeking to adopt a sealed cover procedure.
Mr. Shetty submits that position has been correctly
appreciated by the CAT and there
claimed in the OA. It is stated that the
adoption of sealed cover procedure is not dependent on the year of
vacancy, rather ... sealed cover" procedure cannot be adopted. The
11
recommendation of the Departmental Promotion Committee can
be placed in a "sealed cover' only
Court has
deliberated upon the "sealed cover procedures" and held that the
"sealed cover procedure" can be resorted to only after ... sealed cover procedure, para 2 of which
reads as under:
"2. Cases of government servants to whom sealed cover
procedure will be applicable
consideration in K.V. Janakiraman
case and the Court held that sealed cover procedure is to be resorted
to only after the charge memo/charge ... first question viz. As to when for the purposes of the
sealed cover procedure the disciplinary/criminal proceedings can be
said to have commenced
petitioner is that the case of the
petitioner does not entail sealed cover procedure because he
was considered by the Departmental Promotion Committee
vide ... referred the sealed
cover procedure and directed the respondents to open the
sealed cover whereas no such sealed cover procedure was
adopted in the case
