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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan – Appellant
Versus
Dr. Anil Kumar Paliwal S/o Shri C.s. Paliwal – Respondent
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ORDER :
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 20.12.2024 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as “Tribunal”) by which an appeal preferred by the respondent against the impugned order dated 20.10.2014 has been allowed and a direction has been issued to the petitioner-department to reveal the fate of the respondent kept in the sealed cover for promotion to the post of RAS Super Time Scale against the vacancies of 2014-15.
2. Learned counsel for the petitioner submits that prior to conducting the DPC meeting for promotion to the post of RAS Super Time Scale against the vacancies of the year 2014-15, the respondent was placed under suspension vide order dated 13.05.2011 on account of registration of criminal case against him. Learned counsel submits that prosecution sanction was granted against the petitioner to prosecute him for the offences punishable under Section 7/13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act of 1988”) and on the same day, the charge-sheet was submitted against him for the above offences. Learned counsel submits that after the
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 cannot justify withholding promotion; a charge-sheet must be issued for sealed cover procedures to apply.
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 cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
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....
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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