JUDGMENT

1. The petitioner was appointed as Sub-Inspector in the Executive Wing of the J&K Police in the year 2000. His grievance, as projected in this petition, is that while he was serving as Sub-Inspector, his case for promotion to the post of Inspector was considered by the Departmental Promotion Committee (DPC) and the result whereof was kept in a sealed cover because, at the relevant point of time, he, besides being involved in FIR No. 28/2010 registered in Police Station Vigilance Organization, Jammu, was also facing the Departmental enquiry. The petitioner claims that in view of his exoneration in the Departmental enquiry, the respondents are bound to open the sealed cover and based upon the result of consideration contained therein, pass appropriate orders of promotion in his favour from the retrospective date.

2. With regard to the registration of FIR aforesaid and the subsequent presentation of challan before the Court of learned Sessions Judge (Anti Corruption) Rajouri,the petitioner contends that no charges in the case have been framed and, therefore, he, if otherwise entitled, cannot be denied promotion to the post of Inspector.

3. In the aforesaid background, the petitioner seeks a direction to the respondents to open the sealed cover of his promotion as Inspector and give him promotion with effect from the date of his entitlement/clearance by the DPC.

4. Having heard learned counsel for the parties and perused the record, I am of the view that the entitlement of the petitioner to promotion as Inspector, notwithstanding the pendency of criminal investigation/criminal prosecution against him would turn on the interpretation and proper understanding of Regulation 110-A of J&K Civil Service Regulations (for short 'CSR'). Therefore, before proceeding further, it would be necessary to first set out the Regulation 110-A of CSR hereunder:

'110-A. Promotion of Government servants who are under suspension or against whom disciplinary court proceedings are pending or whose case is under investigation or whose integrity is doubtful.

1. Case where 'sealed cover' procedure applicable- At the time of consideration of the case of Government servant for promotion details of Government servants in the consideration zone for promotion falling under the following categories shall be specifically brought to the notice of the Departmental Promotion Committee:

(i) Government servant under suspension;

(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and (iii) Government servant against whom a charge sheet for a criminal offence has been filed in a competent court of law or sanction for prosecution has been issued'

2. Procedure to be followed by Departmental Promotion Committee- The Departmental Promotion Committee shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above along with the other eligible candidates without taking into consideration the disciplinary case criminal prosecution pending or contemplated against them or where the investigation is in progress. The assessment of the Departmental Promotion Committee including 'Unfit for Promotion' and the grading awarded by it will be kept in a sealed cover. The findings of the Committee shall be kept secret and opened only after the termination of suspension order or conclusion of the disciplinary case/ criminal prosecution /investigation. Till such time as the proceedings remain in sealed cover, the authority competent to fill the vacancy may fill the vacancy in the higher grade only in an officiating capacity.

3. Procedure by subsequent Departmental Promotion Committee:- The same procedure outlined in para 2 above will be followed by the subsequent Departmental Promotion Committee convened till the disciplinary case/criminal prosecution/investigation pending or contemplated against the Government servant concerned is concluded.

4. Action after compl