T.S. Rajput vs Municipal Corporation Of Delhi
1995 Latest Caselaw 356 Del

JUDGMENT

S.D. Pandit, J.

(1) The short Question involved in this petition is as to whether the respondent wa.s justified in following the sealed cover procedure when the Dpc had considered the case of the petitioner for promotion to the post of Assistant Director on February I, 1991. It is not disputed before us that on February 1, 1991 neither any departmental proceedings had been initialed against the petitioner by issuing any imputations or allegations or charge sheet nor any challan in the criminal case in Fir No.703/89 had been filed against the petitioner although it is the case of the respondent that petitioner is involved in a criminal case pertaining to Fir No.703/89. The law on this point is very clear as laid down by the Supreme Court in the case of Union of India Vs. Jankiraman etc. where it has been held that while considering the case of promotion the procedure of scaled cover can he followed only in chan case where the employed is either facing disciplinary proceedings in the manner that the charge sheet has been issued against such employee or he has been arrayed as an accused in a case filed before the Magistrate after investigation in a criminal case. Even the memorandum which has been issued by the Central Government after the pronouncement of the Supreme Court, copy of. which has been placed on record by the respondent, makes it clear that scaled cover procedure can only be followed in respect of government servants to whom a charge sheet had been issued and the disciplinary proceedings are pending or such a government servant is facing prosecution for criminal charge.

(2) Admittedly, on 1.2.1991 neither any disciplinary proceedings nor any criminal charge was pending in a criminal court against the petitioner. Thus, the respondent was not justified in following the sealed cover procedure in the Dpc which was held on 1.2.1991.

(3) We yellow the writ petition and make the rule absolute and retune the respondents to open the scaled cover, if kept in the Dpc held on 1.2.1991 and if petitioner was found fit for promotion he should be given the due promotion with all consequential benefits. Parties to bear their own costs.