ORDER

22.09.2022 Heard Mr. JI Borbhuiya, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned counsel for the respondents in the Forest Department, Government of Assam.

2. The petitioner, Dhuni Raj Joshi having been appointed as a Forest Ranger in the Environment and Forest Department, Government of Assam in the 1989- 91 batch by way of direct recruitment is aggrieved to the extent that although persons junior to him have been promoted to the next higher post of Assistant Conservator of Forest, the petitioner has not been given the same benefit.

3. The respondents in the Environment and Forest Department refers to the minutes of the Selection Committee held on 16.02.2021 and submits that the petitioner was not given the benefit of promotion as the Selection Committee had made an observation that the claim of the petitioner for promotion be kept in a sealed cover till finalization of departmental proceeding. In the circumstance, a question arose as to whether any departmental proceeding is pending against the petitioner. Accordingly by our earlier order dated 20.09.2022, we required the respondents in the Environment and Forest Department, to provide the relevant material before the Court which may indicate the drawal of a departmental proceeding against the petitioner Dhuni Raj Joshi.

4. Mr. D Gogoi, learned counsel for the Environment and Forest Department upon instruction states that no departmental proceeding at present is pending against the writ petitioner, Dhuni Raj Joshi.

5. The concept of keeping in a sealed cover of a decision by the departmental promotion committee as regards promotion finds place in paragraph 26 of the proposition of law laid down by the Supreme Court in Union of India Vs. KV Jankiraman reported in (1991) 4 SCC 109. The concept of being kept in a sealed cover is that if there is a departmental proceeding pending against a particular official and otherwise that official is entitled to be considered for promotion, in such case, the claim for promotion ought to be considered by the departmental promotion committee, but the decision be kept in a sealed cover till finalization of the departmental proceeding and thereafter, the same be given effect, as per the procedure and requirement provided in paragraph 26 of the aforesaid pronouncement.

6. In the instant case, as the factual depiction is that there is no pending departmental proceeding against the petitioner, in our view, consideration of the petitioner for promotion from the post of Forest Ranger to the post of Assistant Conservator of Forest by the Selection Committee in its meeting dated 16.02.2021 could not have been kept in a sealed cover. Accordingly, the respondents in the Environment and Forest Department are directed to give effect to the decision of the Selection Committee in respect of the claim of the petitioner for promotion from Forest Ranger to Assistant Conservator of Forest as may have been decided by the Selection Committee in its meeting dated 16.02.2021 and if the decision of the Selection Committee is in favour of the petitioner for being promoted, the benefits that the petitioner may be entitled be given with such effect that he is not prejudiced in comparison with the other similarly situated persons or persons junior to him who have been promoted pursuant to the same selection process.

7. The above requirement be done within a period of one month from the date of receipt of a certified copy of this order.

8. Writ petition stands allowed in the above terms.

JUDGE

Comparing Assistant