Sealed cover for promotions not opened by mere suspension revocation; requires exoneration or case closure. Mandatory six-monthly reviews essential per DoP&T O.M., assessing proceedings progress and promotion desirability.

ORDER 

PRAMOD KUMAR DAS, MEMBER (A):

It is the case of the applicant that on 30.04.2018 he was arrested by the Central Bureau of Investigation. On 05.04.2018 he was released on Bail. On 11.05.2018, he was placed under deemed suspension with effect from 30.04.2018, which was extended from time to time. Meanwhile, on 31.12.2018, DPC was held for promotion on ad hoc basis to the post of Joint Commissioners and on the recommendation of the DPC, the batchmates of the applicant were promoted, as such, on 01.01.2019. Again, DPC was held on 06.12.2019 for promotion to the post of Joint Commissioners on ad-hoc basis and on the recommendation of the DPC, his juniors were also promoted w.e.f. 30.12.2019.

1.1 It is submitted by the applicant that he filed OA 617/2019 challenging his order of suspension and its further continuance, which was disposed of on 31.01.2020 by quashing the order of suspension beyond the initial period of ninety days. On 27.02.2020 prosecution sanction was accorded by the respondents department against the applicant. On 03.03.2020, cognizance was taken in the criminal case.

The Hon’ble High Court of Orissa vide order dated 31.07.2020 modified the order of this Tribunal, as aforesaid, to the extent that the extension of suspension order dated 19.07.2019 was quashed and the suspension of the applicant with effect from 24.07.2019 was declared as bad in law. On 09.12.2020, charge sheet under Rule 14 of CCS (CCA) Rules, 1965 was issued to the applicant. SLP filed against the order of the Hon’ble High Court of Orissa was dismissed by the Hon’ble Apex Court on 18.01.2021. On 18.08.2021, respondents revoked the order of suspension w.e.f. 24.07.2019 and, consequently, the applicant resumed his duty at Bhubaneswar.

1.2 According to the applicant/Ld. Counsel for the applicant, as per the provisions, the case of an employee against whom criminal/disciplinary proceedings are pending or the employee concerned is under suspension, his/her case is to be considered along with others and the recommendation of the DPC will be kept in the sealed cover. In terms of the DoP&T OM dated 02.11.2012, the sealed cover is to be opened upon reinstatement and/or closure of the proceedings. Further, it is submitted that as per the DoP&T OM six monthly review of the sealed cover is also sine qua non. But, in the instant case, despite the applicant being reinstated to service, the sealed cover has not been opened nor six monthly review was undertake by the respondents. In the aforesaid circumstances, according to the applicant, there being no other alternative, the applicant has approached this Tribunal in the instant OA seeking directions as under:

“8.1. to allow the present application;

8.2. to direct the Respondents to open the Sealed Cover of the Applicant, wherein the Applicant was considered for promotion as Joint Commissioner along with his Batch Mates [2009 Batch of the Indian Revenue Service (Customs and Central Excise)] vide Promotion Order dated 01.01.2019 [Annexure: A-1];

8.3. to consequently direct the Respondents to promote the Applicant as Joint Commissioner along with his Batch Mates by amending Promotion Order dated 01.01.2019 [Annexure: A-1], and granting the benefit of the promotion with effect from 01.01.2019, the day on which the Batch Mates of the Applicant had been Promoted;

and if the Applicant is not found fit for promotion in the above Departmental Promotion Committee,

8.4. to direct the Respondents to open the Sealed Cover of the Applicant wherein the Applicant was considered for promotion as Joint Commissioner along with his Next Junior Batch [2010 Batch