...the writ petition. It was held that once the first disciplinary inquiry resulted in favour of the writ petitioner, the benefit of the findings of DPC in the sealed cover should be given to the writ petitioner notwithstanding the pendency of a second inquiry. In the two judgments of this Court which were followed by the learned Single Judge, it was held that if a person's case had been considered for promotion by...Departmental Promotion Committee and because of pendency of certain charges, the findings of DPC were kept in a sealed cover, he was entitled to the benefit of the findings of the...the zone of consideration. The sealed cover procedure permits the question of his promotion to be kept in abeyance till the result of any pending disciplinary inquiry. But the findings of the...

...promotion by the Departmental Promotion Committee (hereinafter referred to as the ‘DPC’) at the appropriate time but the findings of the Committee are kept in a sealed cover to be opened after the...” and has directed that if the proceedings result in a penalty, the person concerned should be considered for promotion in a Review DPC as on the original date in the light of the results of the sealed cover...-employee's case was considered for promotion by the DPC in August 1982. However, the result was kept in a sealed cover in view of the pending disciplinary proceedings against him. According to the...

...recommendations of the DPC are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by the Departmental Promotion Committee. He shall not be...the said order of suspension was revoked, investigation continued. The DPC considered his case for promotion on 3-4-1991 and resorted to sealed cover procedure. Only in the aforementioned situation...provides for a sealed cover procedure to be adopted by the DPC, the same has to be taken recourse to only in the event circumstances mentioned in Para 2 thereof arise after the recommendations of the...

...23, 1989 for considering the respondent and some others for promotion to the Senior Administrative Grade. The DPC followed the sealed cover procedure in the case of the respondent, in view of the...August 1, 1990. The respondent challenged before the Central Administrative Tribunal, Principal Bench, New Delhi, the action of the DPC to follow the sealed cover procedure in his case. The Tribunal...the promotion, unless exonerated, even if the Government servant is recommended for promotion by the DPC, being found suitable otherwise. In a case like the present, where the First Information...

...employee when the DPC met to consider his promotion, yet the sealed cover procedure was adopted. In such circumstances, this Court held that: (K.V Jankiraman case...proceedings are pending; (iii) Government servants in respect of whom prosecution for a criminal charge is pending. *** 7. Sealed cover procedure applicable to officers coming under cloud holding of DPC...the recommendations of the DPC are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by the DPC. He shall not be promoted until the...

...will not be opened and he will not be granted promotion on the basis of the recommendations of the DPC which is kept in the sealed cover. Hence once the punishment has been granted, the delinquent...granted promotion on the basis of the recommendation of the DPC which is kept in the sealed cover.6. Shri S.S Khanduja, the learned counsel appearing for the respondent, has...as “the DPC”) considered the case of the respondent for promotion to the higher post of Superintending Engineer. In view of the pendency of departmental proceedings against the respondent, the...

...in the criminal prosecution against him, the finding of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal course and having regard...Committee (in short “DPC”) made the selection on 1-11-1999. Since the enquiry was pending against the respondent, sealed cover procedure was adopted. On 13-9-2001 the penalty of censure was awarded...promotion can be considered by the next DPC in the normal course.7. Learned counsel for the respondent on the other hand submitted that the awarding of penalty i.e censure...

...in a position to consider the case of Petitioner for promotion. Record also shows that the case of the petitioner was kept in a sealed cover before the Departmental Promotion Committee (for short, DPC...has resumed his duties after revocation of his suspension order. 4. Under these circumstances, as a natural consequence, the recommendation of the DPC placed in a sealed cover in...respect of petitioner with regard to his promotion has to be opened and the competent authority has to take an appropriate decision in accordance with the recommendations so made by the said DPC...

...30, 1982…. A further guideline contained in this memorandum is that the same sealed cover procedure is to be applied where a government servant is recommended for promotion by the DPC, but before he is...the same would be handed over to the respondent on his return from leave. On November 28, 1990, the Departmental Promotion Committee (DPC) met, and in view of the earlier decision to initiate...open the sealed cover; to promote the respondent as Superintending Engineer, if he has been otherwise found suitable by the DPC; and, in that event, to give him seniority with all consequential...

...open sealed cover which was resorted to after considering the case of the petitioner for promotion in the DPC held in June, 1990. At that time departmental enquiry was pending against the petitioner...untenable. DPC which considered the case of the petitioner for promotion to the post of Executive Engineer was held in June 1990. The matter was kept in sealed cover in view of the departmental...servant could have normally got his regular promotion from a date prior to the date of his ad-hoc promotion with reference of his placement in the DPC proceedings kept in the sealed cover(s) and the...

...petitioner that the result of the Departmental Promotion Committee (DPC) could not have been put in the sealed cover, to open the sealed cover and intimate the result of the DPC as far as the petitioner...promotion to the petitioner from 1993 after the result of the DPC which was kept in sealed cover was opened pursuant to the directions by this Court.5. On the other hand, Mr. Sabharwal...Memorandum of 1988, there was no justification for the respondent to carry on with the sealed cover before the DPC in terms of the guide-lines of 1992, none of the conditions were available for keeping the result of the Government servant in sealed cover who is falling in the consideration zone for promotion. The...

...said case subsequently. His grievance is that while his junior has been given promotion to the grade of JTS of IDAS w.e.f. 30.11.2003, the recommendations of the DPC about him have been kept in sealed cover pending finalization of the disciplinary proceedings against him. He has challenged his non-promotion on the ground that it was illegal, arbitrary and unjust. 4. Contesting the OA, the respondents, in their counter reply, have pleaded that the recommendations of the DPC in...of the applicant for his promotion to the post of JTS have been placed in sealed cover.... The applicant is standing trial in a criminal case. He was due for promotion to the post of JTS of IDAS. He had been considered for promotion by a duly constituted DPC along with his juniors but the...

...DPC kept its recommendations qua petitioner's promotion in a sealed cover. The other eligible incumbents, recommended for promotion by the DPC, were promoted under office order issued on 23.04.2025...o 1 2 aggrieved against keeping his case for promotion in sealed cover, the petitioner has instituted this writ petition seeking following substantive prayers: - "(a) Issue a writ of certiorari quashing the action of the respondents in keeping the proceedings of the DPC concerning..." 4. In view of para-16.32 extracted above, the DPC has kept its recommendation regarding petitioner's further promotion in sealed cover as petitioner had been placed under suspension...

... O R D E R (ORAL) Mr. P.K. Basu: The applicant's name was considered for promotion in the last Departmental Promotion Committee (DPC) held but it was kept under sealed cover...requested for granting regular promotion after opening the sealed cover. 2. The Original Application is disposed of at this stage without going into the merits of the matter with...due to his being under suspension. In his representation dated 18.06.2015 (Annexure A-1), the applicant has stated his suspension has been revoked and...

...name for promotion. Since disciplinary proceedings were contemplated against him, the recommendation of the DPC qua him was kept in “sealed cover”. On April 15, 1988 he was served with a charge-sheet.3. Syed filed a writ petition before the Madhya Pradesh High Court on April 20, 1988 challenging the adoption of “sealed cover” procedure by the DPC and claimed that he was entitled to promotion specially...in the panel for promotion to the post of Chief Engineer but neither he nor anyone junior to him was promoted. The Departmental Promotion Committee (DPC) met on October 28, 1987 and considered his...accordance with the “sealed cover” recommendation of the DPC which met in the year 1987. This appeal by way of special leave is by the State of Madhya Pradesh against the judgment of the Tribunal...

...capacity when the findings of the DPC in respect of the suitability of a Government servant for his promotion are kept in a sealed cover.2.2 The same procedure outlined in para 2.1 above will...if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal...of the criminal case, and by putting the results of the DPC for promotion in a sealed cover.6. That Jankiraman's case (supra) deals only a criminal case pertaining to departmental...

...promotion to the post of ACP. He was considered by the DPC on 7.8.202 for ad-hoc promotion to Entry Grade of DANIPS. However, the recommendations of DPC was kept in sealed cover as the appellant was not clear from vigilance angle. Ad-hoc promotion cannot be granted after retirement. 5. The appellant insisted that he should be informed of the outcome of the DPC decision...to the post of ACP after opening the sealed envelope by the DPC held in 2002. 3. After failing to get any response from the CPIO the appellant filed first appeal before the FAA on...ad-hoc promotion to the post of ACP, which was kept in sealed cover. The appellant submits that at the time of superannuation on 31.8.2003 there was one Departmental enquiry pending against him, which...

...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...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...

...kept in sealed cover. Another DPC was conducted on 27.02.2015 and said proceedings were for promotion to the post of Dy. Director and same was also kept in sealed cover. It is submitted that now...exonerated in departmental enquiry, therefore, proceedings of DPC Sr.No.40 dated 15.03.2012, in which, case of petitioner was considered for promotion to the post of Assistant Director and proceedings were...petitioner has been exonerated, therefore, in accordance with rules, department shall be directed to open the sealed cover proceedings and if petitioner was declared fit for promotion to aforesaid posts...

...Bench of CAT for certain reliefs. The result of the Departmental Promotion Committee (DPC), after considering the case of the appellant for promotion, has been kept in a sealed cover by DPC. Main relief...findings of DPC in respect of the suitability of a government servant for his promotion are kept in a sealed cover.2.2 The same procedure outlined in para 2.1 above will...down the circumstances under which the assessment done by DPC is to be kept in the sealed cover. Three such circumstances which are given are stipulated in Para 2 of the said OM, which reads as under...