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N. UNNI KRISHNAN NAIR
Midiang Pertin, Son of Late Kaning Pertin – Appellant
Versus
State of AP, represented by the Chief Secretary, Govt of Arunachal Pradesh – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Ms. Nikita Danggen, learned counsel appearing on behalf of the petitioner. Also heard Mr. R. H. Nabam, learned Addl. Advocate General, Arunachal Pradesh, assisted by Ms. Pubi Pangu, learned Government Advocate, appearing on behalf of all the respondents.
2. The petitioner, in the present proceeding, has prayed for a direction upon the respondent authorities for opening of the ‘sealed cover’ containing the findings of the Selection Committee in his case for promotion to the cadres of Arunachal Pradesh Civil Service (Selection Grade) and Arunachal Pradesh Civil Service (Administrative Grade), and for effecting such promotion in his case, with effect from the date of promotion of his juniors.
3. As projected in the writ petition; the petitioner, herein, while being placed in the Arunachal Pradesh Civil Service (Selection Grade), came to be arrayed as an accused in Crime Branch P.S.(Vig.) Case No. 08/2005, registered under Sections 420/468/409 of the Indian Penal Code, 1860, read with Section 13(2) of the Prevention of Corruption, Act 1988. The police on conclusion of the investigation, had laid a charge sheet, dated 03.12.2008. The trial of th
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
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 – 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....
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.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
The 'sealed cover procedure' and relevant Supreme Court judgments establish that an employee acquitted in a criminal case is entitled to promotion and benefits from the date of promotion as if no pro....
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