UNION OF INDIA Vs. K V JANKIRAMAN

JUDGEMENT

(1.) Civil Appeals Nos. 3019/ 87, 3020/87 and 3016/88 arise out of the judgment dated March 2-1987 delivered by the Full Bench of the Central Administrative Tribunal (hereinafter referrred to as the 'Tribunal').

(2.) The common questions involved in all these matters relate to what in service jurisprudence has come to be known as "sealed cover procedure". Concisely stated, the questions are,.-(1) What is the date from which it can be said that disciplinary/ criminal proceedings are pending against an employee (2) What is the course to be adopted when the employee is held guilty in such proceedings if the guilt merits punishment other than that of dismissal (3) To what benefits an employee who is completely or partially exonerated is entitled to and from which date The "sealed cover procedure" is adopted when an employee is due for promotion, increment etc. but disciplinary/ criminal proceedings are pending against him at the relevant time and hence the findings of his entitlement to the benefit are kept in a sealed cover to be opened after the proceedings in question are over. Hence, the relevance and importance of the questions.

(3.) The Union of India and the other appellant-authorities have by these appeals challenged the findings recorded by she different Benches of the Tribunal in reply to one or the other or all the aforesaid three questions, in the decisions impugned therein. While recording its findings, the Full Bench of the Tribunal has also struck down two provisions of the Central Government Memorandum of 30th January, 1982 on the subject. We may, therefore, first refer to the said memorandum.