It is only when a charge-memo in a disciplinary proceedings or a charge-sheet in a criminal prosecution is issued to the employee that it can be said that the departmental proceedings/criminal prosecution is initiated against the employee. The sealed cover procedure is to be resorted to only after the charge-memo/charge-sheet is issued. The pendency of preliminary investigation prior to that stage will not be sufficient to enable the authorities to adopt the sealed cover procedure.

Since charge sheet sheet has not been served to you in connection to any inquiry whatsoever, sealed cover procedure couldn't have been resorted to in your case.

Approach the High Court.

Yes the same can be done and the results of promotion can be kept in sealed cover on the basis of FSA.

Please share all the relevant documents for a more concrete advise.

Regards

Hi,

In the present circumstances, you may approach High court praying suitable direction against Department.

Dear Client,

As per instructions issued by the Government, where an employee may have been facing a criminal charge and/or facing departmental proceedings as well, but the charges has not been framed, his case cannot be put into sealed cover if he is not under suspension.

Procedure to be followed by D.P.C. in respect of Officers under cloud :

The Departmental Promotion Committee shall assess the suitability of the officers 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 D.P.C., 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 of ..... in respect of Shri ..... (Name of the Officer)'. Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri ..... The proceedings of D.P.C. need only contain the note. The findings are contained in the attached sealed cover. The authority competent to fill the vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of D.P.C. in respect of the suitability of an officer for his promotion are kept in a sealed cover.

Thus if your case has been kept in a sealed cover following the procedures as mentioned above, you may have to wait for the disposal of the disciplinary action that has been initiated against you.

The (same) question, however, stands concluded by a three-Judge decision of Bombay high court in Union of India v. K. V. Jankiraman in which the same view has been taken. We are in respectful agreement with the above decision. We are also of the opinion that if on the date on which the name of a person is considered by the Departmental Promotion Committee for promotion to a higher post, such person is neither under suspension nor has any departmental proceeding been initiated against him, his name, if he is found meritorious and suitable, has to be brought on the select list and the "sealed cover" procedure cannot be adopted. The recommendation of the Departmental Promotion Committee can be placed in a "sealed cover" only if on the date of consideration of the name for promotion, the departmental proceedings had been initiated or were pending or on its conclusion, final orders had not been passed by the appropriate authority. It is obvious that if the officer, against whom the departmental proceedings were initiated, is ultimately exonerated, the sealed cover containing the recommendation of the Departmental Promotion Committee would be opened, and the recommendation would be given effect to."

Kindly share document/rulings/judgement in favor of your reply.

You can go through the judgment in

Bombay High Court

Sharbat Chand Jain vs Bank Of India, & Ors. on 22 December, 2000