Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | SERVICE LAW· Promotion - Sealed cover procedure - Recommendation of DPC for promotion of respondent not given effect to on the ground that subsequently memorandum of charges were issued to him - Held: When respondent's batch mates were promoted, admittedly, on that date he was not under suspension, no charge sheet was served upon him nor was the facing any criminal prosecution - In such circumstances, in terms of paragraph 2 of O.M. dt. 24.09.1992, recommendation of DPC has to be honoured and there is no question of applying 'sealed cover process' - Government of E India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training O.M. No. 22011141911 Estt.(A) dated 24.9.1992. Disciplinary proceedings - Commencement of - Held: Disciplinary proceedings commence only when a charge F sheet is issued.The respondent, while working as Senior AFA/T-1 in North-east Frontier Railway, was considered by the Departmental Promotion Committee convened on 26.2.2002 for promotion of Group 'B' Officers of Accounts Department to Group A (Jr. Scale) of Indian Railways Accounts Service and his name was placed in the extended select panel. By office order dated 21.4.2003, the batch-mates of the respondent were promoted but he was not promoted. He, therefore, filed representations which were rejected. He then filed an 0.A. before the Central Administrative Tribunal. It was the case of the department that during the year 1994-95, the respondent committed gross misconduct in the matter of checking and passing of bills of various firms, for which four memorandum of charges were issued to him on 13.8.2003, 1.9.2003 and 5.11.2003. Further, on similar charges an FIR was lodged by CBI, and 3 special cases were registered against him in the year 2004. The Tribunal dismissed the O.A. But the High Court allowed the writ petition of the respondent. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 166 |
Petitioner | Union Of India & Ors. |
Respondent | Anil Kumar Sarkar |
SCR | [2013] 2 S.C.R. 396 |
Judgement Date | 2013-03-15 |
Case Number | 2537 |
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