The case under 498a is pending at court. Promotion results kept in sealed cover due to pending case.The promotion can be considered despite pending court case or not. If yes how to represent.
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I need any judgements that 498a case is not a vigilance case so promotion can be allowed even if court case under 498A is pending
1. Well service conditions like transfer, promotion etc depends on the service regulations of every employer.
2. The pendency of criminal case alone is not a factor to deprive promotion. However refer to your Service Rules to find out what is stated therein.
3. If there is infraction of any Service regulations then you can challenge withholding your promotion by filing a case before the Administrative Tribunal or High Court as the case may be.
Yes it can be considered. There is no relevance of promotion and 498A
My employer is bank of India. The promotion results is kept in seal d cover. If there is no relevance between case under 498a and promotions, could I may get such court order of high court or supreme court
First show your service rules.
Promotion of Officers against whom disciplinary/ court proceedings are initiated/ pending or a penalty has been imposed : Officers against whom disciplinary /court proceedings have been initiated/ pending, including those under suspension, will also be eligible for consideration for promotion as under. Disciplinary action/court proceedings will be deemed to have been initiated/ pending against an Officer in the following circumstances – a) where the Disciplinary Authority has issued Articles of Charges or Statement of Imputation of Lapses to the Officer concerned on specific acts of misconduct / irregularities; OR b) where the Competent Authority has accorded sanction for prosecution to CBI Authorities against the Officer concerned or filed complaint to Police Authorities or the Officer is being prosecuted for any criminal offence. 14.1 CONSIDERATION FOR PROMOTION : At the time of promotion, details of the Officers, who are eligible for promotion and falling under the following categories, should be specifically brought to the notice of the Departmental/Directors Promotion Committee (DPC), as the case may be - i) Officers under suspension; ii) Officers who have been issued Articles of Charge/Statement of Imputation of Lapses, pursuant to which disciplinary proceedings are pending against them; iii) Officers in respect of whom prosecution for a criminal case is pending
Yes if they are denying you promotion you can file writ petition in high court and get the said order
You have one more and safe way to get rid of the case to move before High Court for the quashing of the case mentioning the urgency of your job and promotion which is being obstructed and withheld because of the pending case under section 498 a of I P C.
You may get 498 a quashed by High Court under Writ Jurisdiction and may get soft way to get promoted in your organization.
Why have they done so. It is not a departmental proceeding. Give a representation to the department.
You should file a writ petition in the high court.
The bank cannot take any action unless there is conviction.
These are for things done in an official capacity.
You have s strong case.
while promoting an employee, departmental and criminal proceedings can be taken into consideration only if charge has been framed, be it in departmental or criminal proceedings, and sealed cover procedure in such an event/situation has to be resorted.
Honble Supreme Court in Union of India & Others v K. V. Jankiraman & Others [(1993) 23 ATC 322]. The question debated and adjudicated in the case aforesaid was as to whether an employee can be denied promotion on the ground of pendency of preliminary enquiry/criminal investigation. The specific questions dealt with are as follows:
(1) What is the date from which it can be said that disciplinary/criminal proceedings are pending against an employee? (2) To what benefits an employee who is completely or partially exonerated is entitled to and from which date? (3) What is the course to be adopted when the employee is held guilty in such proceedings if the guilt merits punishment other than that of dismissal? Obviously, in the context of the facts of the present case, it is only question number (1) as reproduced above, which is relevant. After considering the rival contentions of the learned counsel representing the parties, the Honble Supreme Court observed thus:
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. To deny the said benefit they must be at the relevant time pending at the stage when charge-memo/charge-sheet has already been issued to the employee. The pendency of preliminary investigation prior to that stage will not be sufficient to enable the authorities to adopt the sealed cover procedure. If the allegations are serious and the authorities are keen in investigating them, ordinarily it should not take much time to collect the relevant evidence and finalise the charges. Further, if the charges are that serious, the authorities have the power to suspend the employee under the relevant rules, and the suspension by itself permits a resort to the sealed cover procedure. The authorities thus are not without a remedy.
Honble Supreme Court in Coal India Ltd. & Others v Saroj Kumar Mishra [(2007) 9 SCC 625]. The said case also pertains to promotion. Respondents before the Honble Supreme Court, it appears from the judgment, were not promoted on the premise that vigilance cases were pending against them. When respondents were not promoted and persons junior to them were promoted, they filed writ petition before the Orissa High Court, which was allowed. In the appeal preferred by Coal India Ltd. and others, it was canvassed that in terms of memo dated 19.6.1979 pendency of vigilance or departmental action would itself be sufficient for not promoting the officer who would, in the event of his complete exoneration, be promoted as and from the date his immediate junior has been promoted. The Honble Supreme Court in the context of the memo referred to above, as modified from time to time, held that circular letter issued by the appellants put restrictions on a valuable right of an employee, and, therefore, required to be construed strictly. So construed, there cannot be any doubt whatsoever that the conditions precedent contained therein must be satisfied before any action can be taken in that regard. The Honble Supreme Court then referred to the revised guideline, which reads as follows:
The vigilance clearance shall be withheld only on the ground (a) when officer is under suspension; (b) when the officer, in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending; and (c) when an officer in respect of whom prosecution for a criminal charge is pending. Even though the circular was said not to be applicable ipso facto, but since the same clearly laid down the law otherwise prevailing, the contention of the counsel as noted above, was repelled and the appeal preferred by Coal India Ltd. was dismissed.
In view of aforesaid judgment to you should be considered for promotion
only if charge sheet filed should sealed cover procedure be resorted to
Dear Sir/Madam,
You are suggested that your case is falling under the provision 14.1 (iii) and you are fit for promotion because of the principle of the law that a person is innocent till he is proved guilty by due process of law. At present only proceedings are pending and you are not convicted. In one noted judgment the Hon'ble High Court of Allahabad has said that the Case of 498A is a private dispute and you may take benefit of the same.
I appears the Service regulations doesn't prohibit promotion automatically because of a criminal case.
Case under 498A IPC is time and again considered to be a private dispute.
Therefore apply for your promotion before the Administrative Tribunal or the high court as the case may be.
Sealed cover procedure is adopted where employee is under suspension, charge sheet served or disciplinary proceeding pending.
Sec 498a case has nothing to do with service of employee. Not valid.
Sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry/criminal prosecution against the employee.
It needs to be noted here that bare pendency of preliminary investigation is not sufficient and issuance of charge-sheet is mandatory for the appointing authorities to adopt the Sealed Cover Procedure. This also vindicates the fact that mere registration of an FIR against a government employee does not act as a barrier in consideration of his promotion.
Till the findings are kept in the sealed cover, the vacancy is filled on an officiating (temporary) basis. The sealed cover is opened and the recommendations are acted upon only if the employee is exonerated lock, stock and barrel in the proceedings pending against him. If any penalty, including censure, as specified in Rule 11 of Rules is imposed on the employee then the findings of Sealed Cover are not acted upon. His case then might be considered by next DPC apropos the penalty imposed on him in the disciplinary proceedings.
An officer in whose case `Sealed Cover Procedure' is attracted, the findings of the Interview Committee shall be recorded in respect of such officer in a separate Interview Evaluation Sheet, which shall be signed by all the members of the Interview Committee and the Interview Evaluation Sheet shall be kept in a Sealed Cover which shall be superscribed as .....
"Interview Evaluation Sheet of Shri .... for promotion ........... (specify grade and scale)" "Date of interview......
The procedure outlined above, will be followed for the subsequent Selections also till the disciplinary/criminal proceeding against the officer concerned, is concluded.
As and when disciplinary or other proceedings instituted against such an officer are completed, resulting in his exoneration, the Sealed Cover(s) shall be opened one by one, in seriatim and after adding the marks obtained by him in various parameters, if his merit position falls above the cut-off point in the panel pertaining to any of the concerned Selections, his case shall be considered by the Competent Authority at Head Office to approve promotion and if finally approved for promotion, he shall be given notional promotion at par with officers of his seniority in the concerned Selection.
The judgment by Punjab and Haryana high court given below may be of some use to you:
Sharbat Chand Jain Vs. bank of India
Bombay high court
22.12.,2000
may also be of use to you.
You may download the judgment and can use it in your writ petition.
Regulation 17 of the Bank of India (Officers') Service Regulations, 1979 reads as follows :-
"Regulation 1 7 - Promotion Policy
1. 1 Provisions of Regulation 17 and the Government guidelines thereunder-
17(1) Promotion to all grades of officers in the Bank shall be made in accordance with the policy laid down by the Board from lime to lime, having regard to the guidelines of the Government, if any.
17(2) For the avoidance of doubts, it is clarified that this regulation shall also apply to promotion of any category of employees to the Junior Management Cadre."
The relevant Guidelines which deal with Promotion of Officers against whom proceedings have been initiated, etc., are reproduced below :-
"9. PROMOTION OF OFFICERS AGAINST WHOM DISCIPLINARY/COURT PROCEEDINGS HAVE BEEN INITIATED/PENDING/ON WHOM PENALTY HAS BEEN IMPOSED.
1. Cases of officers to whom Sealed Cover Procedure will be applicable :
At the time of consideration of the cases of officers for promotion, details of officers in the consideration zone for promotion falling under the following categories should be specifically brought to the notice of the Departmental/ Promotion Committee :
(i) Officers under suspension;
(ii) Officers in respect of whom a charge-sheet has been issued and the disciplinary proceedings are pending; and
(iii) Officers in respect of whom prosecution for a criminal charge is pending.
2. 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.
Sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry/criminal prosecution against the employee. The concept of Sealed Cover was first adopted vide Office Memorandum dated 3rd November 1958 [3] keeping in mind the adverse effects that non-promotion could have on an employee future prospects without any fault of him. However the term ‘Sealed Cover’ was first used in Office Memorandum Dated 31st August 1960 [4].
It is a practice wherein the findings of DPC regarding suitability of a government employee for promotion are put under a sealed cover. As per Office Memorandum dated 14th September 1992 [5] this procedure is adopted when the government servant is falling in the consideration zone for promotion but:
DPC considers these employees on all other considerations sans disciplinary proceeding /criminal prosecution pending and record its observations inside a sealed cover. This procedure is continued till the proceedings against the concerned employee are not concluded.
It needs to be noted here that bare pendency of preliminary investigation is not sufficient and issuance of charge-sheet is mandatory for the appointing authorities to adopt the Sealed Cover Procedure. This also vindicates the fact that mere registration of an FIR against a government employee does not act as a barrier in consideration of his promotion.
The department cannot hold you back till the case is decided against you and if they hold you on the basis of pending criminal case, you may file a Writ in the concerned High Court..
