Dr. Mili Nag Biswas vs Union Of India & Ors
2023 Latest Caselaw 6367 Cal

21.09.23

Sws.M WPA 6078 of 2023

Dr. Mili Nag Biswas Vs.

Union of India & Ors.

Mr. Ujjal Ray Sk. Abdur Rahim ....for the petitioner Ms. Sumita Sarkar

...for the Union of India

Exception to the Report as handed over in Court

today is retained with the record.

Mr. Ray, learned counsel appearing on behalf of

the Union of India is not present in Court today.

Mr. Ujjal Ray, learned counsel appearing on behalf

of the petitioner commences his arguments. He refers to

the office memorandum dated September 14, 1992

issued by the Department of Personnel & Training,

Ministry of Personnel, Public Grievances and Pensions,

Government of India to contend that sealed cover

procedure can only be followed and brought to the

notice of the Departmental Promotion Committee only in

case of Government servants operating under certain

conditions :

(i) Government servants under suspension;

(ii) Government servants in respect of whom a

charge sheet has been issued and the

disciplinary proceedings are pending; and

(iii) Government servants in respect of whom

prosecution for a criminal charge is

pending.

He also relies on a judgment of the Apex Court

reported in (2013) 4 SCC 161 (Union of India and

others vs. Anil Kumar Sarkar). He submits that a

departmental proceeding is to commence only from the

time a charge-sheet has been issued. Prior to

commencement of the departmental proceedings, a

candidate has to be considered for promotion. He

cannot be ousted from zone of consideration.

Let the matter come up for further consideration

under the same heading 'Motion' on September 28,

2023.

All parties to act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J)