Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law :Promotion-Sealed Cover Procedure-Opening of-Tribunal passed interim order for opening of sealed cover and implementation of recommendations therein while departmental proceedings were pending against Government employee-Said Government employee raised a plea that charge sheet was deliberately issued to him to prompt DPC of adopt "Sealed Cover Procedure" -Held : Such interim order to be granted only in exceptional cases-Interim order not jusified in the present case-Plea of employee is a question of fact yet to be decided by the Tribunal-Sealed Cover Procedure valid-However, departmental proceedings directed to be completed within four months and promotional post be kept vacant till then. Promotion-Sealed Cover Procedure-Explained. The Respondent filed an application before the State Administrative Tribunal against a charge sheet issued to him challenging it on the ground that the charge sheet contained stale charges with mala fide intention. The Tribunal allowed the application. This Court declined to interfere with the order of the Tribunal. The respondent, thereafter, filed another application before the Tribunal for a direction to the State Government to convene a meeting of the Departmental Promotion Committee (DPC) for considering the respondent's promotion and that no fresh departmental proceedings be started against him. The Tribunal directed holding of the DPC within six weeks but refused the relief regarding barring of fresh departmental proceedings. The appellant-State sought extension of time from the Tribunal for convening the DPC. The Tribunal instead of granting time directed the appellant-State to produce the original records before it so that it could be found out as to why the DPC was being delayed. While the matter was pending before the Tribunal, the appellant-State issued a fresh charge sheet to the respondent and subsequently in a meeting the recommendations of the DPC were kept in a "Sealed Cover". Later the Tribunal restrained the appellant-State from promoting any person junior to the respondent and by another order status quo was passed. The respondent filed another application before the Tribunal seeking a direction that the "Sealed Cover" be opened. The Tribunal passed an interim order and directed the appellant-State to open the "Sealed Cover" and to implement the recommendations contained therein. Consequently, the "Sealed Cover" was opened and the respondent was found fit for promotion. The appellant-State preferred the present appeal challenging the Tribunal's direction to open the "Sealed Cover". |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1998 INSC 75 |
Petitioner | State Of M.p. |
Respondent | J.s. Bansal And Anr. |
SCR | [1998] 1 S.C.R. 734 |
Judgement Date | 1998-02-09 |
Case Number | 9134 |
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