STATE OF KERALA AND OTHERS Vs. JUPUDI PRASAD IFS, CONSERVATOR OF FORESTS (WAITING FOR POSTING) AND OTHERS

JUDGEMENT

(1.) "Sealed Cover Proceeding" in service jurisprudence is now an accepted procedure whereby, in the circumstances when an employee's conduct is a matter in investigation or inquiry and thus being under a cloud, the suitability of such persons for promotion is still assessed by the competent Departmental Promotion Committee (DPC) along with other eligible candidates, without taking into account the subject of inquiry or the allegations pending in investigation against him, but the recommendations of the DPC then being placed in sealed cover, to be opened only after the conclusion of the inquiry or investigative proceedings; and if he is exonerated of all charges made against him, to be granted promotion, if otherwise found eligible by the Committee, with effect from the date on which his immediate juniors was promoted.

(2.) The object of this method is that since the inquiry or investigation proceedings against an employee may consume time to conclude, at the end of which he may be found not at fault or guilt, his interests will require to be safeguarded in the matter of promotion, which was denied to him solely on account of the proceedings pending against him.

(3.) Called in issue in this original petition is not the sealed cover proceedings per se, but whether an officer, who stands exonerated of all charges and whose promotional recommendation was made favourably by the DPC earlier, would be entitled to seek promotion retrospectively from the date on which the vacancy arose. This question presents because of the position adopted by the competent authorities which appear to be that an officer can claim no such retrospective promotion, even if there had been a vacancy at the time when the DPC had considered his suitability, unless a junior of his had been so promoted.