JUDGMENT :

SUBHASH VIDYARTHI, J.

1. This Full Bench has been formed in furtherance of a referral order passed by a Division Bench which is dealing with a Special Appeal under Chapter VIII, Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 assailing the judgment and order dated 1.7.2021 passed by an Hon'ble Single Judge whereby the Writ Petition No. 11560 (S/S) of 2021 filed by the respondent-petitioner (who will hereinafter be referred to as the 'respondent') has been allowed and a direction has been issued to the State-appellants to proceed on the basis of the recommendations of the Departmental Promotion Committee (which will hereinafter be referred to as 'DPC') dated 1.10.2020 made in favour of the respondent at par with the other candidates, who have been granted promotion by means of the order dated 21.6.2021.

2. The aforesaid Writ Petition was filed by the respondent against the action of the State-appellants whereby he was denied promotion on the basis of the provisions contained in paragraph 11 of the Office Memorandum (which will hereinafter be referred to as 'O.M.') dated 28.5.1997 issued by the State Government, which contains provisions for keeping the recommendations of the Departmental Promotion Committee (hereinafter referred to as 'DPC') in a sealed cover, in certain circumstances.

3. A meeting of the DPC for considering promotion to the post of Additional Commissioner (Grade-II) was held on 1.10.2010 in which the case of the respondent was also considered. However, before the recommendation of the DPC could be given effect to, on 22.12.2020 a departmental enquiry was instituted against the respondent, pursuant to which a charge-sheet was issued on 23.4.2021. Promotion orders in respect of other candidates were issued on 21.6.2021 but the recommendations made by the DPC in respect of the respondent were kept in a sealed cover on the ground of institution of departmental proceedings and issuance of charge-sheet against him on 22.12.2020 and 23.4.2021 respectively.

4. Feeling aggrieved by his non-promotion, the respondent filed Writ Petition No. 11560 (S/S) of 2021. The Hon'ble Single Judge allowed the Writ Petition relying upon the judgment dated 19.7.2010 rendered by a Division Bench of this Court in the case of State of U.P. and another v. Nand Kumar Singh (Special Appeal No. 478 of 2010), wherein it has been held that:

“7. In our opinion, once three cases are manifest under which the sealed cover procedure has to be followed, Paragraph 11 will have to be considered in that context, otherwise this would result in adding another case. The only way to harmonize the rules, considering paragraphs 2 and 11, is to hold that if on the date of D.P.C. there was a charge-sheet and this was not within the knowledge of the Selection Committee even at the stage of issuing the letter of appointment, the sealed cover procedure can be followed. In our opinion, this would be a proper and harmonious construction of the two rules.”

5. Relying upon the judgments of Hon'ble Supreme Court in the case of Union of India and others v. K.V. Jankiraman and others , 1991 (4) SCC 109 and Union of India and others v. Sangram Keshari Nayak , 2007 (6) SCC 704 , the Hon'ble Single Judge held that since there was no adverse material against the petitioner on the date of DPC and since charge-sheet in the criminal case was filed in Court after ten days since meeting of the DPC, the provisions of the Government Order dated 28.5.1997 do not apply. It is in these