Pradeep Nandrajog, J.

1. The controversy involved in the present case relates to, what in service jurisprudence has come to be known as ‘sealed cover procedure’.

2. The ‘sealed cover procedure’ is adopted when an employee is due to be considered for promotion, increment etc. but departmental disciplinary/criminal proceedings are pending against him and hence the recommendation of the Departmental Promotion Committee (hereinafter referred to as the ‘DPC’) pertaining to the employee are kept in a sealed cover requiring the cover to be opened after the proceedings in question are over.

3. On January 30th, 1982, the Department of Personnel and Training, Government of India, issued an Office Memorandum on the subject of ‘sealed cover procedure’. As per the Memorandum, cases of Government servants: (i) who are under suspension or (ii) against whom disciplinary proceedings are pending or a decision has been taken by the competent authority to initiate disciplinary proceedings or (iii) against whom prosecution has been launched in a court of law or sanction for prosecution has been granted, are to be considered for purposes promotion by the DPC at the appropriate time but the reco