IMPORTANT POINT
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.

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 the said case commenced before the Court of the learned Special Judge, North Lakhimpur. On conclusion of the said trial, the learned trial Court had vide judgment & order, dated 30.06.2022, acquitted the petitioner from the offence so alleged against him, therein.

4. It is to be noted that basing on the allegations forming the basis of the criminal proceeding instituted against the petitioner, herein, no disciplinary proceeding came to be instituted against him. During the pendency of the said criminal proceeding; the case of the petitioner was considered for promotion from the cadre of the Arunachal Pradesh Civil Service(Senior Grade) of the service to that of the Arunachal Pradesh Civil Service(Selection Grade).

5. The case of the petitioner was, thereafter, considered by the Departmental Promotion Committee(DPC) for promotion to the said cadre of Arunachal Pradesh Civil Service (Selection Grade) of the service. However, on account of the pendency of the criminal proceeding against the petitioner; the findings of the selection committee in respect of the petitioner came to be kept under the ‘sealed cover’. The petitioner on conclusion of the criminal proceeding so instituted against him and his acquittal therein, proceeded to submit representations before the respondent authorities, praying for opening of the ‘sealed cover’ pertaining to his promotion to both the cadres i.e. Arunachal Pradesh Civil Service (Selection Grade) and Arunachal Pradesh Civil Service (Administrative Grade).

6. The said representations having not been responded to by the respondent authorities; the petitioner, herein, had approached this Court by way of instituting the present proceeding, praying for reliefs as noticed hereinabove.

7. It is also to be noted that the petitioner, herein, had retired from his service on attaining the age of superannuation, w.e.f. 31.12.2020.

8. Ms. Danggen, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that on acquittal of the petitioner, herein, in the criminal proceeding so instituted against him; the petitioner was entitled to be granted his due promotion to both the cadres of Arunachal Pradesh Civil Service (Selection Grade) and Arunachal Pradesh Civil Service (Administrative Grade) with effect from the date of promotion of his juniors to the said cadres.

9. Ms. Danggen, learned counsel, has further submitted that the promotion was not so effected in case of the petitioner only on account of the pendency of the criminal proceeding so instituted against him and he was not in any way responsible for the delay so occasioning in the promotions being so effected in his case.

10. Ms. Danggen, learned counsel, has also submitted that the petitioner, herein, on his such promotion; is required to be a