• Sealed Cover Procedure in Promotion

1. I was in the Panel of Promotion as AGM in a PSU and was asked for my APAs by November 10th 2017.
2. I was charge sheeted for frivolous reasons on 15th November 2017. There was no Memo issued against me any regard. I duly replied my charges.
3. I was sent for attending the interview on 7th December for my promotion as AGM.
4. On 10th December my Sectional In-charge wrote to his friend in the Interview Board to stop my promotion (Copy of the mail is with me).
5. All these things and several things were done to me for being a DALIT and as I was fighting against it since April 2017.
6. A Criminal case was already filed against my Sectional In-charge on 10th November 2017 under PofA SC/ST Act and FIR filed on 20th November itself. FIR No. 360/2017 S2 Police Station Airport Chennai.
7. The result of my interview came on 13th December 2017, all the candidates attended the interview was selected except me. Most of them being my juniors.
8. When I enquired my SC/ST Liaison Officer about my result, she said it under 'Sealed Cover' as charges are pending against me.
9. Till today, no action has been taken, where RTIs filed by me show I am being victimized.

Is it right to Charge Sheet after a panel has been made for Promotions that too 22 Days before such an interview? How long disciplinary action can be kept pending without action?
Asked 4 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

The question of consideration of the applicant for promotion would arise only on completion of the criminal proceedings/disciplinary inquiry as the case may be and only if the employee is completely exonerated of the charges levelled against him.

2) Government servants in respect of whom prosecution for criminal charge is pending.

2.1 Procedure to be followed in respect of those under cloud- The Departmental Promotion Committee shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending.

The assessment of the DPC including 'Unfit for Promotion', and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed 'Findings regarding suitability for promotion to the grade/post b�&...........in respect of Shri b�&.......(name of the Government servant). Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri b�&.................'.

3) since you have already been charge sheeted in nov 2017 sealed cover procedure has been adopted

4) wait for termination of disciplinary proceedings

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Ques. Is it right to Charge Sheet after a panel has been made for Promotions that too 22 Days before such an interview?

Ans. Yes, this could have been done and there's no impediment in this; however, if you feel that something is fishy and that you are being targeted and being singled out, and in furtherance thereof, these proceedings have been initiated just to harass you and prevent you from being promoted, take a chance and approach the High Court by way of filing a writ of mandamus.

Ques. How long disciplinary action can be kept pending without action?

Ans. Cannot be kept pending for an indefinite period. Refer to your service rules to know the timeline with respect to disposal of a departmental inquiry.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Is it right to Charge Sheet after a panel has been made for Promotions that too 22 Days before such an interview? ---- There`s nothing illegal in this and as per SC ruling, DA should be complete within 6 months.

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]...

Read more at: http://www.livelaw.in/complete-departmental-inquiries-within-6-months-supreme-court-tells-state-and-private-employers/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Charge sheet can be framed after issuing a memo to you.

The promotion process is a different subject to that of the disciplinary proceedings.

You may have to wait for the departmental inquiry to begin and conclude for taking a decision to open the sealed cover.

What is status/stage of FIR;

as the incumbent, facing charges under rule or the regulation in vogue, does not have any legal enforceable right to claim promotion pending enquiry.

An extract from:

Supreme Court of India

Union Of India & Ors vs Anil Kumar Sarkar on 15 March, 2013

|Board’s L/No. E(D&A) |In supersession of all instructions | |88RG6-21 dt. 21.9.88 & |contained in Bd’s letters referred to in | |2.7.90 |the margin on the above subject, the | | |procedure and guidelines laid down below | | |shall be followed in the matter of | | |promotion from Group ‘B’ to Group ‘A’ and| | |within Group ‘A’ of Railway Officers | | |against whom disciplinary/Court | | |proceedings are pending. | |Cases of Govt. to whom |2. At the time of consideration of the | |sealed cover procedure |cases of Govt. servants for empanelment | |will be applicable. |details of Govt. servants in the | | |consideration zone for promotion falling | | |under the following categories should be | | |specifically brought to the notice of the| | |Departmental Promotion Committee:- | | |(i) Government Servants under suspension;| | |(ii) Government servants in respect of | | |whom a charge sheet has been issued and | | |the disciplinary proceedings are pending;| | |(iii) Government servants in respect of | | |whom prosecution for a criminal charge is| | |pending. | | |………..……………………………………………… | |Sealed cover procedure |………………………………………………………. | |applicable to officers |……………………………………………………… | |coming under |7. A Govt. servant, who is recommended | |cloud-holding of DPC but|for promotion by the Departmental | |before promotion. |Promotion Committee but in whose case any| | |of the circumstances mentioned in para 2 | | |above arise after the recommendations of | | |the DPC are received but before he is | | |actually promoted, will be considered as | | |if his case had been placed in a Sealed | | |Cover by the DPC. He shall not be | | |promoted until the conclusion of | | |disciplinary case/criminal proceedings | | |and the provisions contained in this | | |letter will be applicable in his case | | |also.” |

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

In this case you need to file a writ petition in HC for the same.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer