VALMIKI J. MEHTA, J.

C.M. Appl. No. 13233/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) No. 3025/2017

1. By this writ petition under Article 226 of the Constitution of India the petitioner seeks the relief that his employer/respondent/Central Warehousing Corporation should not resort to the sealed cover procedure as on 11.8.2015, and the petitioner in fact should be given promotion to the post of DGM (Technical) with effect from 11.8.2015 with consequential benefits.

2. The limited issue in this case is with respect to interpretation of paragraph 2(iii) of the Department of Personnel & Training (DOPT) Office Memorandum (OM) dated 14.9.1992 and which allows a sealed covered procedure to be obtained when a prosecution for criminal charge is pending against a person. Paragraph 2 of the OM dated 14.9.1992 in its entirety reads as under:-

“2. At the time of consideration of the cases of Government servant for promotion details of Government servant in the consideration zone for promotion falling under the following category should be specifically brought to the notice of the Departmental Promotion Committee.

(i) Gov