The sealed cover procedure for promotions is valid when criminal proceedings are pending, and the court cannot intervene in ongoing criminal matters.

JUDGMENT :

1. Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner prays for the following reliefs:

(1) Writ of Certiorari, to quash order dated 07-03-2022 (Annexure-I) as also the case/Police Report filed under section 173 CrPC. arising out of FIR No. 10 of 2019 pending before Special Judge, Anti-Corruption in so far as it relates to the petitioner and direct the name of the petitioner to be removed from the arena of the accused and drop criminal proceedings against him.

(2) WRIT OF MANDAMUS directing the respondent Bank to grant the promotion to the petitioner which has been kept under sealed cover due to pendency of the case as envisaged in order dated March 07, 2022 bearing reference No. JKB/HRD/RECTT/2022-751 Circular ID 13959 with further directions to pay all the benefits of status and salary as Executive (Scale- II) to the petitioner from 7th of March, 2022 by putting him in the pay scale of Rs.. 48170-1740/1- 49910-1990/10-69810; and

(3) Any other writ, order or direction, which the Hon'ble Court may deem fit and proper in the circumstances of the case, may also be passed.

2. The short submission which has been advanced by the learned counsel appearing on behalf of the petitioner is that, in continuation to Order No HRD/RECTT/2015-502 dated 9th of September, 2012 and pursuant to successful completion of probation period, the petitioner was confirmed in the services of respondent Bank along with others in the pay scale of Rs. 23700-980/7-30560-1145/2-32850-1310/7-42040 with effect from 1st of September, 2016. The learned counsel for the petitioner submits that on the basis of merit and suitability and in accordance with the rules, it was decided on 7th March, 2022, to accord promotion to the petitioner and other eligible candidates as Executive (Scale-II) with immediate effect and the case of the petitioner was also considered and as per the information, the petitioner was found fit and entitled to the grant of promotion as Executive (Scale-II) with immediate effect but the case of the petitioner was kept in sealed cover due the pending proceedings against him as per Rule 326 of The Jammu and Kashmir Bank Limited Officers Service Manual -2000 [for short “OSM 2000”].

3. The learned counsel appearing on behalf of the petitioner submits that the petitioner’s grievance is that despite being meritorious and entitled to the promotion, the case has been kept in sealed cover because of pendency of the criminal proceeding against him. It is submitted that the case registered has resulted in charge sheet presented before the Special Judge Anti-Corruption in the form of Police Report under Section 173 CrPC and the case is pending without any progress and the petitioner continues to suffer and has remained stagnated without getting the benefit of promotion.

4. The learned counsel for the petitioner submits that in accordance with the Office Memorandum issued by Govt. of India, Department of Personal and Training, it is necessary to ensure that the disciplinary case or criminal prosecution instituted against any Government servant, is not to be unduly prolonged and all efforts to finalize the proceedings expeditiouslyshall be taken so that the need for keeping the case of a Government servant in a sealed cover is limited. He further submits that the respondent Bank has not at any point of time, reviewed his case of promotion kept under sealed cover and he continues to work and discharge his functions sincerely, with dedication in the bank. The learned counsel for the petitioner pleads that the sealed cover procedure adopted in the case by the respondent Bank with regard to the promotion of the petitioner violates the statutory and fundamental rights of the petitioner, as the petitioner has not been shown the order or the reasons given for withholding his promotion by adopting the sealed cover procedure. He further pleads that the principles of natural justice have been violat