UNION OF INDIA Vs. R S SHARMA

JUDGEMENT

(1.) The grievance of the respondent-a Divisional Engineer in the Telecom Department-is that his promotion to the next tier in the cadre (senior time scale in the Indian Telecommunication Service Group "A") has been temporarily sealed on account of erroneously adhering to the "Sealed Cover Procedure". The Central Administrative Tribunal (for short 'the Tribunal') before which he approached for redressal of his grievance has upheld his contentions and directed the appellants to open the sealed cover and give effect to the recommendations made by the Departmental Promotion Committee (DPC). Union of India and the Chief General Manager of Mahanagar Telephone Nigam Ltd. have filed these appeals by special leave challenging the aforesaid direction issued by the Tribunal.

(2.) The background of passing the said order is the following: Respondent was appointed in the Telecom Department during 1986. Hardly two years passed he got himself delved in the vortex of serious allegations of financial mis-demeanors. One of the allegations is that he purchased very substandard materials for the Department at very high prices. An FIR was registered and the Central Bureau of Investigation (for short 'CBI') took up the investigation. On 10-3-1988, he was suspended but within six months the suspension order was revoked. Nonetheless the CBI continued with investigation and on completion thereof they applied to the Government of India for according sanction to prosecute the respondent.

(3.) In the meanwhile the DPC considered the cases of other persons in the Department for promotion, but deferred the case of the respondent on account of the pendency of investigation of the said allegations against him. The respondent then moved the Tribunal and on 30-11-1990, the Tribunal passed an interim direction that the DPC should consider the case of the respondent for promotion in the event of considering the claims of any of his juniors attached to the same Department.