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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, MADHU JAIN
Union Of India – Appellant
Versus
Sameer Dnyandev Wankhede – Respondent
JUDGMENT :
NAVIN CHAWLA, J.
1. This petition has been filed by the petitioners, challenging the Order dated 17.12.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, the 'Tribunal') in O.A. No. 2835/2024, titled Sameer Dnyandev Wankhede vs. Union of India and Ors. /b>., allowing the said OA filed by the respondent herein with following directions:
“8. In light of the above, we allow this OA with following directions:
(a) Respondent nos. 1 to 3 are directed to open the sealed cover pertaining to applicant's promotion and in the event his name is recommended by UPSC, he shall be granted promotion to the post of Additional Commissioner w.e.f. 01 .01.2021.
(b) Respondent nos. 1 to 3 are further directed to place applicant's name at appropriate position in the final seniority list dated 28.03.2024 of Joint Commissioners of Customs and Indirect Taxes.
The aforesaid directions shall be complied within a period of four weeks from the date of receipt of copy of this order.”
2. The respondent had filed the above OA, contending therein that the Departmental Promotion Committee (DPC) held on 18.03.2024, which had been constituted for con
The sealed cover procedure for promotions is only applicable when formal charges are initiated, reaffirming the principles set in K.V. Jankiraman.
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.
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
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 – 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....
Promotion cannot be withheld due to pending disciplinary proceedings unless a charge-sheet has been issued; sealed cover procedure must be justified and timely.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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