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S.B.SINHA, MARKANDEY KATJU
Union of India – Appellant
Versus
Sangram Keshari Nayak – Respondent
Key Points: - The sealed cover procedure can be adopted only if the circumstances in paragraph 2 arise after the DPC recommendation; otherwise, no bar to promotion (!) (!) (!) - Paragraph 6 must be read with paragraph 2; a charge-sheet issued after the DPC recommendation is necessary for applying sealed cover, and lack of such charge-sheet at material time means no bar to promotion (!) (!) (!) - In the present case, no vigilance enquiry or departmental proceeding was pending at the time of DPC meeting, and a chargesheet was issued only after seven months; thus, there was no bar to promoting the respondent during 14.01.1999 to 27.08.1999 (!) (!) (!) - The court distinguished earlier cases (K.V. Janakiraman, R.S. Sharma, etc.) and held that sealed cover could not apply unless the charge-sheet was issued by that time; reliance on those precedents was limited to their contexts (!) (!) (!) (!) - The appeal was dismissed with costs; no infirmity in the impugned judgments; promotion could be considered despite later initiation of departmental proceedings (!)
JUDGMENT
S.B. SINHA, J.—
1.Interpretation of a purported circular letter dated 21.01.1993 falls for our consideration in this appeal which arises out of a judgment and order dated 31.01.2005 passed by the High Court of Orissa in Writ Petition No. 50 of 2004.
2.Before embarking upon the said question, we may, however, notice the admitted fact of the matter. Respondent was recruited to Indian Railway Traffic Services on or about 1.02.1982. He was promoted to the post of Junior Administrative Grade. He was also placed in the selection grade on 1.07.1994. The post of Senior Administrative Grade fell vacant. Respondent was eligible to be considered therefor. A Departmental Promotion Committee (DPC) was convened for preparation of a panel for promotion to the said post. Respondent’s name was also included therein. Inter alia on the premise that a vigilance case was pending against him, sealed cover procedure was adopted by the DPC purported to be in terms of the circular in question providing for the procedure and guidelines to be followed in respect of the officers who are to be promoted from Grade B to Grade A and of Railway officers against whom disciplinary / court proceedings were pend
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