UNION OF INDIA Vs. SURESH CHANDRA

JUDGEMENT

(1.) THE controversy involved in the present case relates to, what in service jurisprudence has come to be known as 'sealed cover procedure'. The 'sealed cover procedure' is adopted when an employee is due to

(2.) BE considered for promotion, increment etc. but departmental disciplinary/criminal proceedings are pending against him and hence the recommendation of the Departmental Promotion Committee (hereinafter referred to as the 'DPC') pertaining to the employee are kept in a sealed cover requiring the cover to be opened after the proceedings in question are over.

(3.) ON January 12, 1988, the Department of Personnel and Training, Government of India, issued another Office Memorandum on the subject. As per the said Memorandum, cases of officers (i) who are under suspension or (ii) in respect of whom disciplinary proceedings are pending or a decision has been taken to initiate disciplinary proceedings or (iii) in respect of whom prosecution for criminal charge is pending or sanction for prosecution has been granted or a decision has been taken to accord sanction for prosecution or (iv) against whom an investigation on serious allegations of corruption, bribery or similar grave misconduct is in progress either by the CBI or any other agency, departmental or otherwise are to be kept in a sealed cover.