(Justice Kurian Joseph, C.J.) (Oral) - What is the stage and situation of sealed cover procedure to be followed by the Departmental Promotion Committee is the issue arising for consideration in this case.

2. The petitioner is aggrieved since he is denied promotion to the post of Assistant Engineer under the first respondent. While working as Junior Engineer in the feeder category, he was placed under suspension, pending inquiry. That was in the year 2004. Thereafter, the departmental proceedings were completed and the petitioner was exonerated in the said proceedings and he was reinstated in service also. On 14.3.2008, DPC met for preparation of select list. However, taking note of the fact that a criminal case was pending in respect of the very same allegations before the Special Judge, Dharamshala, a sealed cover procedure was adopted. According to the petitioner as on 14.3.2008 and even as on today, no charge has been framed against the petitioner. Hence it is submitted that the sealed cover is liable to be opened and in case the petitioner is otherwise suitable and eligible, he is to be promoted.

3. As far as the sealed cover procedure is concerned, the Office Memorandum