Judgment affirms that the absence of a charge sheet or suspension invalidates sealed cover status for promotion, ensuring fair administrative processes for civil servants.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A):

The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:-

"A. The Applicant humbly prays to this Hon'ble Tribunal to direct the Respondents to produce the 'sealed cover' before this Hon'ble Tribunal so that this Hon'ble Tribunal may view the contents of the "sealed cover and thereafter direct the Respondents to convene a DPC for grant of regular posts to the Applicant within a short-specified timeframe, in view of the fact that the Applicant is retiring from government service w.e.f. 30.11.2025.

B. The Applicant humbly prays to this Hon'ble Tribunal to direct the Respondents to grant him the Non-Functional Selection Grade as was granted to the officers of his 2012 batch on 31.01.2025 within a short-specific timeframe after grant of regular promotion to the Applicant to the grade of Joint Commissioner, in view of the fact that the Applicant is retiring from government service on 30.11.2025.

C. The Applicant humbly prays to this Hon'ble Tribunal that the Applicant fulfils all the prescribed eligibility criteria for regular promotion to the grade of Joint Commissioner of Customs and Indirect Taxes, (including clearance from vigilance angle), which has been wrongly denied to him since 20.01.2025.

D. The Applicant humbly prays to this Hon'ble Tribunal that it satisfies all the eligibility requirements for grant of NFSG to him, including clearance from vigilance angle.

E. The Applicant humbly prays to this Hon'ble Tribunal to direct the Respondents to convene a meeting of the departmental internal screening committee for grant of NFSG to him within the shortest specified time period.

F. The Applicant humbly prays to this Hon'ble Tribunal that the respondents be directed to consider granting him NFSG from 31.01.2025, the date from which his batchmates of the 2012 batch of IRS and his juniors in the same batch were granted; and

G. The Applicant humbly prays to this Hon'ble Tribunal to issue any such and further orders/directions that this Hon'ble Tribunal deems fit and proper in the circumstances of the case.”

2. The factual background of the case as per the counsel of the applicant is that the applicant was appointed as Superintendent in the year 1993 in Central Board of Indirect Taxes & Customs (CBIC) through direct recruitment lateral entry. During his tenure he earned two promotions firstly as Assistant Commissioner Group A and secondly as Joint Commissioner (on ad-hoc basis) on different occasions. He was also granted Senior Time Scale in the rank of Deputy Commissioner in the year 2018. Thereafter, in 2024 a DPC was convened to regularize IRS officers of 2012 batch to the post of Joint Commissioner however, the applicant was ignored and his batch mates were granted regular promotion. Upon inquiry, he was informed that his candidature has been kept in a sealed cover for want of vigilance clearance. Thereafter, in the year 2025 the batchmates of the applicants (regularly promoted Joint Commissioners) were granted Non Functional Selection Grade (NFSG) – Pay Level 13 again ignoring the applicant owing to denial of vigilance clearance. According to the counsel, a Sanction Order No. 05/2024 dated 03.07.2024 was issued against the applicant vide which he was prosecuted. Being aggrieved, he approached the Hon’ble Delhi High Court vide Writ Petition No. 799/2025 wherein stay of operation of the sanction order dated 03.07.2024 and consequ