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Union Of India & Ors vs Dr. (Smt.) Sudha Salhan on 7 January, 1998

In Dr. (Smt.) Sudha Salhan (supra) the Court, relying on the ratio laid down in K.V. Jankiraman (supra) clearly held that, if on the date on which the name of the person considered by the Departmental Promotion Committee for promotion to the higher post is neither under suspension nor has any departmental proceeding initiated against him, the sealed cover procedure cannot be adopted. The said procedure can be adopted only if, on the date of consideration of the name for promotion, the departmental proceeding had initiated or was pending.
Supreme Court of India Cites 1 - Cited by 71 - S S Ahmad - Full Document

Union Of India & Ors vs A.N. Mohanan on 18 April, 2007

45. The date of initiation of the departmental proceeding is very vital for adjudicating as to whether the sealed cover procedure can be adopted or not. Had the departmental proceeding been pending against the petitioner on the day he was selected for promotion or prior to given actual effect to the order of promotion. Such is not the case here. A.N. Mohanan (supra) does not have any manner of application in the instant case.
Supreme Court of India Cites 0 - Cited by 37 - A Pasayat - Full Document
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