(ii) The next authority relied upon by respondent no.3 is Union of
India vs. Kewal Kumar, 1993 (3) SCC 204 , wherein it was held that
where the CBI had recorded the FIR and had sent the same to the
higher authorities for taking action and the competent authority has
taken a decision to initiate disciplinary proceedings, so in that sealed
cover procedure is to be followed.
14. It was submitted that the promotion is not a fundamental right, and cannot be asked as a matter of right. The suitability and eligibility of the candidate concerned is best left at the hands of the Departmental Promotion Committee or the Search-cum-Selection Committee. It was submitted that due procedure had been followed in this case, and the respondents had relied upon the cases, namely, Union of India & Anr. vs. R.S.Sharma [(2000) 4 SCC 394]; Delhi Development Authority v. H.C.Khurana [(1993) 3 SCC 195]; Union of India v. Kewal Kumar [(1993) 3 SCC 204] & Union of India & Ors. V. Sangram Keshari Nayak [(Appeal (Civil) 3691 of 2005]. Other grounds taken by the applicant were vehemently denied and it was prayed that the OA is not maintainable either on facts or in law.
17. We may also point out, in this context, that in Delhi
Development Authority v. H.C. Khurana (1993) 3 SCC 196 and
Union of India v. Kewal Kumar 1993) 3 SCC 204 this Court found
that the ratio in Jankiraman 1991) 4 SCC 109 is applicable only to
the situations similar to the cases discussed therein, and hence the
Sealed Cover Procedure resorted to by DPC in those two cases was
upheld by this Court."