In Dr. (Smt.) Sudha Salhan (supra) the Court, relying on the ratio
laid down inK.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.
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.