promotion to the post of Superintending Engineer in
accordance with the Sealed Cover Procedure as
mandated by the Hon'ble Supreme Court in Union ... request of the petitioner for grant of promotion and the sealed
cover procedure is to be adopted in this regard and the present
petition
that the sealed cover
procedure may be applied only when any litigation is pending
against an officer.
12. The sealed cover procedure as mentioned ... bank on the date he was considered for promotion,
adoption of sealed cover procedure is bad in law.
14. The Office Memorandum No. 22011
will lead
to DPC recommendation to be kept in sealed cover.
The sealed cover procedure is to be resorted to only
after the charge memo ... cover procedure."
16. In case, Charge sheet is supplied to the official in
departmental inquiry and criminal charges have been
framed, sealed cover procedure
cover" procedure for withholding the result
and consequential appointment of the petitioners.
At the outset, it is well-settled that the sealed cover
procedure ... 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
their cases now will be considered in terms of the sealed
cover procedure and even if they are found fit and
eligible, they will ... consideration before the Hon'ble Apex Court
was that whether sealed cover procedure could be validly
adopted when there was no chargesheet against
their cases now will be considered in terms of the sealed
cover procedure and even if they are found fit and
eligible, they will ... consideration before the Hon'ble Apex Court
was that whether sealed cover procedure could be validly
adopted when there was no chargesheet against
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
what
in service jurisprudence has come to be known as "sealed cover procedure".
Concisely stated, the questions are: (1) What is the date ... partially exonerated
is entitled to and from which date? The "sealed cover procedure" is adopted
when an employee is due for promotion, increment
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
following sealed cover procedure in respect of respondent.
In view of the penalty operating against respondent,
sealed cover procedure insofar as respondent was
followed. However ... subsequent events cannot be taken note of while giving
effect to sealed cover procedure followed in a DPC meeting
held earlier
