Back
2025 Supreme(Online)(CAT) 2555
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Sanjay Sharma – Appellant
Versus
Power Development Department – Respondent
O.A./1040/2024
Mr. Rahul Pant, Sr. Adv with Mr. Aniruddha; Mr. Sudesh Magotra, AAG & Mr. Hunar Gupta, DAG
Promotion cannot be denied based on unproven FIRs; sealed cover procedure applies only when a charge sheet is issued.
Headnote:(A) Jammu & Kashmir Civil Service Regulations - Regulation 110-A - Promotion of Government servants - The applicant, holding the post of Assistant Engineer, sought promotion to Superintending Engineer, which was denied due to pending FIRs that were later closed as not proved. The court emphasized that promotion cannot be withheld merely due to pending disciplinary or criminal proceedings without a charge sheet. (Paras 8, 10, 14, 16, 18)
(B) Sealed Cover Procedure - The court ruled that the sealed cover procedure is only applicable when a charge sheet has been issued, and not merely due to an FIR. The applicant was entitled to promotion as his juniors were promoted without justification for his exclusion. (Paras 10, 11, 12, 13)
Facts of the case:
The applicant was denied promotion to Superintending Engineer despite being eligible after serving as Executive Engineer for three years, while juniors were promoted. The denial was based on an FIR that was later closed without any charges.
Findings of Court:
The court found that the applicant was unjustly denied promotion and directed the respondents to convene the Departmental Promotion Committee for his regularization and promotion.
Issues: The main issues were whether the applicant's promotion could be denied due to an unproven FIR and the applicability of the sealed cover procedure.
Ratio Decidendi: The court held that the sealed cover procedure should not apply as no charge sheet was issued against the applicant, and he was entitled to promotion from the date his juniors were promoted.
Result: The application is allowed, and the respondents are directed to promote the applicant accordingly.
ORDER
(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)
1. Through the medium of aforesaid O.A the applicants approached this Tribunal for seeking following relief: -
i) Allow the instant application along with cost;
ii) Direct the respondents to immediately consider and place the applicant as I/c Superintending Engineer (Electric) from the date his juniors have been placed as such i.e. 29.09.2023;
iii) Direct the respondents to convene the Departmental Promotion Committee for considering the regularization of the applicant both against the post of l/c Assistant Executive Engineer and Le Executive Engineer from the dates they have been placed as such with all consequential benefits.
iv) Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicant and against the respondent.
2. Before adverting to grounds taken in the O.A and arguments of learned counsels, it is apt to give brief resume of the case: -
i) That applicant is substantively holding the post of Assistant Engineer (E) in the J&K Government Power Development Department and he was promoted/ placed as 1/c Assistant Executive Engineer in the year 2006 subject to clearance by the DPC. In the year 2012, applicant was further promoted/placed as I/c Executive Engineer subject to clearance by the DPC vide Government order no. 144- PDD of 2012 dated 27.04.2012 and as per J&K Engineering Gazetted Service Recruitment Rules, the applicant was entitled / eligible to further promotion as Superintending Engineer after having rendered three years of service as Executive Engineer in the year 2015 but till date, no Departmental Promotion Committee has been convened or conducted to regularize the promotions made as l/c Assistant Executive Engineer and I/c Executive Engineer in the Power Development Department and for the last 17 years applicant along with many other officers is working on In-charge basis only.
ii) Vide Government order nо. 121-JK (PDD) of 2023 dated 29.09.2023, In-charge placements have been made against the post of Superintending Engineer (E) Pending clearance of the Departmental Promotion Committee/competent authority where the juniors of applicant have been placed and applicant is ignored.
iii) The reasons behind the ignorance of such placement was a communication dated 27.01.2022 addressed to Principal Secretary General Administration Department by the Anti-Corruption Bureau, with copies to the Principal Secretary, Power Development Department and Managing Directors of JPDCL and KPDCL, a Regular Departmental Action has been proposed against the officers and as such, the officers against whom the Regular Departmental Action has been proposed had not been considered for placement/promotion to the higher post of Superintending Engineer (E).
iv) That during the year 2018-2019. the Power Development Department J&K Government had executed the works under the Centrally sponsored scheme Saubhagya, in all the 22 districts of the erstwhile state of Jammu and Kashmir and thereafter, some complaints were lodged with respect to the execution of the scheme.
v) That in the year 2018-2019, the centrally sponsored scheme namely Saubhagya was implemented in the State of Jammu and Kashmir and the scheme was implemented through the Power Development Department. The purpose of the scheme was to provide each leftover Household with Electric Connection so as to achieve 100% Household electrification in J&K.
vi) The scheme was sponsored to the extent of 85 per cent funding by the Government of India and the State was contributing to the extent of 15 per cent of the expenditure for the implementation of the scheme and the works to be executed were relating to laying of HT/LT power distribution networks and identification of households for providing the electric connection.
vii) That so efficient was the implementation of the scheme that J&K Government was given the cash award of Rs. 100 cr
