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A. Y. KOGJE, SAMIR J. DAVE
INDIAN OIL CORPORATION LIMITED – Appellant
Versus
DEEPAK RAHULBHAI KAPADIA – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. By way of the present appeal, the appellant seeks to challenge order dated 24.01.2024 in Special Civil Application No. 16493 of 2017, whereby the present appellant-original respondent was directed to forthwith open the sealed cover containing recommendation of the DPC of the year 2008 onwards and was also directed to give promotion effect thereto immediately but not later than a period of six weeks from the date of receipt of the said order dated 24.01.2024. Furthermore, the respondent herein-original petitioner, upon being granted promotion, was held to be entitled to all consequential benefits accruing therefrom.
1.1 The subject-matter of challenge under Special Civil Application No. 16493 of 2017 was the Final order of punishment imposed by the Disciplinary Authority dated 19.09.2014, order of the Appellate Authority upholding the decision of the Disciplinary Authority dated 17.05.2017 and inter office memorandum dated 22.07.2014 regarding the inquiry report. Incidental prayers were also made seeking promotion from Grade B’ to Grade ‘C’ with effect from March, 2008.
2. Learned Advocate for the appellant submitted that Civil Application No. 2 of 2024 is f
The court established that sealed cover procedures in promotions require specific imputations from disciplinary authorities, and a tentative decision does not justify withholding promotion.
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....
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....
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.
Imposition of a minor penalty of censure does not justify blocking consideration for promotion for three years under the sealed cover procedure.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Promotion upon assumption of duties validly contingent upon completion of disciplinary proceedings; no vested rights to promotion established.
Point of Law : Employee may not be awarded any punishment which is not prescribed under the Rules
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