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1993 Supreme(SC) 394

J.S.VERMA, S.C.AGRAWAL
Union Of India – Appellant
Versus
Kewal Kumar – Respondent


Advocates:
B.S.Gupta, R.K.KAMAL, R.SASIPRABHU, SUDHIR GUPTA, V.K.VARMA, V.R.REDDY

JUDGMENT

VERMA, J.:—The respondent, Kewal Kumar, was Deputy Chief Electrical Engineer, Northern Railway at New Delhi when the Departmental Promotion Committee (D.P.C.) met on 23-11-1989 for considering the respondent and some others for promotion to the Senior Administrative Grade. The D.P.C. followed the sealed cover procedure in the case of the respondent, in view of the fact that the decision to initiate disciplinary proceedings against him for imposition of major penalty had been taken by the competent authority earlier, on 20-11-1989. The decision to initiate disciplinary proceedings was taken on the basis of a First Information Report (F. I. R.) registered on 30-9-1988 by the Central Bureau of Investigation (C.B.I.) which was received by the concerned departmental authorities on 31-5-1989. Even though the decision was so taken on 20-11-1989 on the basis of the F.I.R. made much earlier, the charge-sheet was actually issued to the respondent on 1-8-1990. The respondent challenged before the Central Administrative Tribunal, Principal Bench, New Delhi, the action of the D.P.C. to follow the sealed cover procedure in his case. The Tribunal has accepted the respondents claim and al










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