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AJAY MOHAN GOEL
Mukesh Chand Sharma – Appellant
Versus
Himachal Pradesh – Respondent
JUDGMENT
Ajay Mohan Goel, J.—
CMP-T No. 1064 of 2023
For the reasons assigned, this application is allowed.
CWPOA No. 5331 of 2019
2. With the consent of learned Counsel for the parties, the case was taken up for consideration today itself.
3. Brief facts necessary for the adjudication of the present petition are as under:—
The petitioner was appointed as a Junior Engineer in the I&PH Department in February 1981. FIR No. 1/2001 was registered on 10.04.2001, under Sections 420 467, 468, 471 and 120-B of the Indian penal code against one Sh. S.K. Vats and others including the petitioner. On account of the lodging of this FIR, when the Departmental Promotion Committee met for considering eligible candidates for promotion to the post of Assistant Engineer from the post of Junior Engineer on 28 September 2013, the case of the petitioner was kept in sealed cover.
4. Learned Counsel for the petitioner submitted that as on the date when the Departmental Promotion Committee met, neither there was any departmental enquiry pending against the petitioner, nor charges stood framed against him in the criminal case, therefore, the act of the respondent- department of following the sealed cover procedure
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
Promotion – Sealed Cover Procedure – Disciplinary/criminal proceedings can be said to be initiated against employee only when a charge-memo is issued to employee in a disciplinary proceeding or a cha....
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
Promotion cannot be withheld due to pending disciplinary proceedings unless a charge-sheet has been issued; sealed cover procedure must be justified and timely.
Sealed cover procedure for promotion cannot apply unless formal charges exist. Officers suspended but not charged are entitled to promotion based on DPC's recommendations.
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
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