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

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.

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/

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.” |

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