ADESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of the present petition, the petitioner seeks to question the tenability of the order dated 04.09.2014 passed by the learned Central Administrative Tribunal, Principal Bench, whereby the O.A. filed by the petitioner was dismissed.

(2.) THE main grievance raised by the petitioner before the Tribunal and before this Court is that the petitioner was due for promotion to the post of Chief Engineer and his case was duly considered by the DPC held on 31.08.2012 but the findings of the DPC were kept in sealed cover on account of the pendency of a criminal case against the petitioner and in his place an officer junior to him was given promotion to the said post. The main contention raised by the petitioner herein is that in his case sealed cover procedure could not have been resorted to as in the criminal case the charges were not yet framed against him and by the mere fact that a criminal case was registered against the petitioner, which case had not yet reached the stage of framing of charges against the petitioner, the petitioner could not have been denied his legitimate right to get promotion to the post of Chief Engineer by adopting the sealed cover procedure.

(3.) COUNSEL further submits that the mere fact that an FIR was registered against the petitioner or he was arrested in the said FIR would not be sufficient for taking recourse to the sealed cover procedure and it is only when charges are framed against an employee by the Court, the sealed cover procedure be resorted to. Counsel has also placed reliance on the two office memorandums dated 28th April, 2014 and 14th September, 1992 issued by the DOPT in support of his arguments.