The sealed cover for promotion can be opened if the employee's suspension is revoked, even if criminal proceedings are pending.

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 DPC meeting was convened on 16.10.2014 and the facts with regard to the order of suspension of the respondent and about the submission of charge-sheet against him were brought into the notice of the authority concerned, therefore the fate of respondent’s promotion was kept in a sealed cover. Learned counsel submits that accordingly the fate of other incumbents was declared on 20.10.2014 except the respondent. Learned counsel submits that subsequently suspension of the respondent was revoked on 19.08.2015 but his fate for promotion which has been kept in a sealed cover was not revealed. Hence, under these circumstances, he approached the Tribunal by way of filing an appeal for opening the sealed cover.

3. Learned counsel for the petitioner further submits that in order to deal with such similar situations, a circular dated 04.06.2008 has been issued by the Department of Personnel, Government of Rajasthan wherein Clause 12 of the aforesaid circular deals with the complete procedure with regard to the effect on promotion of an employee when disciplinary proceedings/criminal case are pending against the delinquent employee. Learned counsel submits that as per Clause 12.1 of the aforesaid circular, three things are required to be brought into the notice of the authority at the time of DPC meeting; (I) the suspension of a government employee; (II) initiation of departmental proceedings against him in pursuance of departmental charge-sheet; and (III) submission of charge-sheet against such employees in a criminal case or pendency of criminal cases against him before the competent court of law.

4. Learned counsel for the petitioner submits that till date the proceedings initiated against the respondent in the criminal case are pending and he is not acquitted in the same and his suspension order has simply been revoked vide order dated 19.08.2015, but this cannot be a ground for opening the sealed cover in which the fate of the respondent has been kept. Learned counsel submits that going contrary to the provisions contained under the aforesaid circular dated 04.06.2008, the Tribunal has passed an erroneous order directing the petitioner to open the sealed cover in which the fate of the respondent has been kept. Learned counsel submits that in view of the submissions made hereinabove the impugned order passed by the Tribunal is not sustainable in the eye of law and is liable to be quashed and set-aside.

5. Per contra, learned counsel for the respondent opposed the prayer and submitted that the case of the respondent is falling within the Clause 12.7 of the circular dated 04.06.2008 issued by the Department of Personnel, Government of Rajasthan, which clearly says that the fate of an employee, which has been kept in a sealed cover, would be declared in the followi