Rajesh Kumar Morya v. Madhya Pradesh Madhya Kshetra Vidyut Vit. Co. Ltd. & Others

Vivek Agarwal, J.:— Shri Sharma submits that the only question involved in this petition is whether the petitioner against whom departmental enquiry was initiated and was inflicted with punishment of stoppage of one increment with non cumulative effect and subsequently exonerated in appeal vide order dated 16/8/14, is entitled to opening of the sealed cover, or in the alternative consideration of his case for promotion by convening review DPC.

2. Learned counsel for the petitioner submits that as per his knowledge his case was not kept in a sealed cover as was mandatory, therefore, respondents be directed to convene the meeting of review DPC as on the date on which his juniors were considered for promotion.

3. In view of the aforesaid prayer, this petition is disposed of with the direction that in case petitioner's case was kept by the respondents in a sealed cover, then such sealed cover shall be opened within thirty days of receipt of certified copy of the order being passed today. However, if his case was not kept in a sealed cover by the respondents, then the respondents shall convene the meeting of review DPC as on the date on which persons junior to the petitioner were considered for promotion to the post of Executive Engineer, within a period of three months from the date of receipt of certified copy of the order being passed today.

4. With the aforesaid, this petition is disposed of.

5. It is made clear that this Court has not expressed any opinion on the merits of the entitlement of the petitioner.