The principle of keeping the matter of promotion in a sealed cover applies when there are pending disciplinary or judicial proceedings. A convicted employee cannot claim promotion even by opening the sealed cover if found suitable by the Departmental Promotion Committee.

JUDGMENT :

S. N. Prasad, J.

1. This writ petition is under Articles 226 and 227 of the Constitution of India wherein the order passed by the Tribunal in Review Petition No.23 of 1999 dated 7.7.2000 is under challenge whereby and where under the Orissa Administrative Tribunal, Bhubaneswar has reviewed the order dated 12.10.1998 passed by it in O.A.No.1611 of 1998.

2. Brief facts of the case is that the petitioner joined Government service as a Ranger in the Forest Department on 5.4.1967 and while working as the Assistant Conservator of Forests having on deputation in the Orissa Forest Development Corporation was proceeded departmentally, simultaneously criminal case has been initiated vide G.R. Case No.253 of 1988 in the Court of the CJM, Jeypore. Petitioner has approached the Tribunal against the disciplinary proceeding vide O.A.No.21 of 1991 which was disposed of vide order dated 22.4.1991 directing the authorities to conclude the disciplinary proceeding within three months failing which the applicant/petitioner shall be reinstated in service forthwith and the order of suspension shall stand revoked, the disciplinary proceeding may continue thereafter.

The petitioner has filed one Misc.petition being M.P.No.1221 of 1991, the Tribunal while disposing of the misc.petition has directed the enquiring officer to continue the proceeding on day to day basis and if necessary for a month at time at one spell and complete the proceeding.

The petitioner approached the Tribunal in O.A.No.1611 of 1998 stating therein to direct the authorities to consider his claim for promotion to the rank of Orissa Forest Service, Class-I since juniors have been promoted to the said rank. The Tribunal while disposing of the original application vide order dated 12.10.1998 directed the authorities to open the sealed cover and conclude the proceeding within six months from the date of the order.

3. State Government has filed review application being Review Petition No.23 of 1999 for review of the order passed in O.A.No.1611 of 1998 dated 12.10.1998 wherein direction has been passed by the Tribunal to open the sealed cover, review has been sought for on the ground that the petitioner has already been convicted in the criminal case and as such there is no occasion to consider the case of the petitioner for promotion by opening the sealed cover. The Tribunal has allowed the review petition by reviewing the order dated 12.10.1998 passed in O.A.No.1611 of 1998 by modifying it to the effect that there is no justification to give any direction to open the sealed cover or consider the case of the petitioner for promotion. Accordingly, the Review petition has been disposed of with the said observation, said order is under challenge in this writ petition by the petitioner.

4. Learned Additional Government Advocate representing the State has submitted that consideration of the case of the petitioner for promotion would only arise by keeping the matter in sealed cover in case of pendency of departmental or judicial proceeding but the moment the employee is held guilty in the departmental or criminal proceeding, he cannot be considered for promotion to the higher post. According to him, since the petitioner has been convicted in the criminal case and as such he is not entitled to get promotion and on that ground the order passed by the Tribunal on earlier occasion has sought to be reviewed, which accordingly has been reviewed taking into consideration of paragraph-7 of the office memorandum dated 18.2.1994.

5. Heard learned counsel for the parties and perused the documents available on record.

6 It is settled proposition that in case of pendency of disciplinary or judicial proceeding, the matter for promotion is to be kept in sealed cover which would be opened after conclusion of the disciplinary or judicial proceeding and if in case the delinquent found fit by the Departmental Promotion Committee he would be granted promotion if he has been exonerated in the disciplinary proce