• Sealed Cover Promotion

I am working with apublic sector Oil company. My promotion came in March 2012. I was surprised to know that My promotion was kept under sealed cover. I was never informed by my company regading any misconduct. Subsequently after two months  Iwas issued a Charge Memo for an incident that took place in year 1998. I understand ( Company has not informed me) that CBI has  filed a charge sheet in CBI court in year 2009 against me but as of date company hasnot granted permission to start prosecution against me. Court has not summoned me as of today. I have come across a rcent dsupreme court decision in the case of Anil kumar Sarkar Vs UOI where court has categorrically said that promotion can not be kept in sealed cover unless chsrge sheet is issued to employee or Court has framed the charges. Pl advice me in this matter.Type your question here. Do not use ALL CAPS.
Asked 3 years ago in Constitutional Law from New Delhi, Delhi
You would have to appropriately reply to the charge memo issued to you. Though being unaware of the pending case before CBI, I would suggest you to attach this judgment in your reply. However, I hope there is/are no further incidents of misconduct mentioned in the charge memo of recent origin, as the employer has an option to pay advance salary for certain period; as must have been mentioned in the offer letter issued to you, and relieve you from services for "misconduct". Misconduct is also defined in the Delhi Shops and Establishment Act, Industrial Disputes Act etc., which you may have to refer in eventuality of termination. Thereafter, depending on the merit of the case you would have to approach labour court having competent jurisdiction. Though, legal route could be protracted, however, you have a better chance of contesting it given the scenario mentioned.
Feroz A. Shaikh
Advocate, Mumbai
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I agree with Mr. Shaikh.
Prabhat Shroff
Advocate, Kolkata
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