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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE VINIT KUMAR MATHUR, J
Kuldeep Khatri – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with a prayer that the sealed cover procedure adopted in the case of the petitioner for his promotion to the post of Assistant Administrative Officer may be opened and the petitioner may be extended all the service benefits due to him in accordance with the relevant rules.
3. Briefly noted the facts in the present writ petition are that the petitioner, while working as an Upper Division Clerk (UDC) in the respondent-Department, was proceeded against by the Anti- Corruption Bureau and an FIR being FIR No.46/2015 dated 25.03.2015 was lodged against him, initiating a criminal case. The investigation in the said criminal case was pending, and during its pendency, the petitioner preferred a writ petition before this Court wherein, the Coordinate Bench of this Court granted an interim order in favour of the petitioner. Consequently, the prosecution sanction dated 16.04.2016 has been stayed and till date, no charge-sheet in the present case has been filed. The Department has also not served any charge sheet in pursuance to the disciplinary proceedings.Although the petitioner was suspended by the res
The mere pendency of a criminal case cannot justify withholding promotion; a charge-sheet must be issued for sealed cover procedures to apply.
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
The sealed cover for promotion can be opened if the employee's suspension is revoked, even if criminal proceedings are pending.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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.
The sealed cover procedure for promotions is only applicable when formal charges are initiated, reaffirming the principles set in K.V. Jankiraman.
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