NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT Vs. UNION OF INDIA THROUGH MINISTRY OF LAW & JUSTICE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing and disposal.

(2.) The petition is filed by National Bank for Agriculture and Rural Development (NABARD) challenging the Award dtd. 10/4/2023 passed by the Industrial Tribunal, Thane in Reference (IT) No. 25 of 2018, by which the Tribunal has declared that the Secret Circular dtd. 4/3/2008, providing for adoption of sealed cover procedure, is illegal and having no force of law. The Tribunal has further directed opening of sealed cover in respect of Shri. Suresh M. Dalvi and if found fit, to grant him promotion from the date of result of selection process with consequential benefits. The short issue involved in the present petition is whether sealed cover procedure could have been adopted in respect of the concerned employee, who was undergoing disciplinary proceedings and also suspended at the relevant time and whether the sealed cover can be directed to be opened when he is ultimately punished in the disciplinary proceedings.

(3.) Brief facts leading to filing of the petition are that Mr. Suresh M. Dalvi came to be appointed on the post of 'Typist' in NABARD on 11/1/1984. He was promoted to the post of Senior Development Assistant w.e.f. 11/1/2010 and further promoted as Special Senior Development Assistant on 3/1/2017. Disciplinary proceedings were initiated against Shri. Dalvi by issuance of Memorandum of Chargesheet dtd. 15/5/2017 on the allegation of habitually reporting late for duties, use of derogatory language and insubordination. On 16/3/2017, Shri. Dalvi was placed under suspension.