R.C. ROONCTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A limited controversy is involved in this case and, it is as to whether because of suspension of the petitioner under order dated 26th Aug., 1989, the Departmental Promotion Committee, which met in Sept., 1989 to consider the promotion to super-time scale of RAS should have resorted to sealed cover procedure and as to whether the recommendations of the DPC, which were placed in sealed cover should still continue to remain in the sealed cover even after the revocation of the suspension on 4th Dec., 1989.

(2.) This writ petition is directed against the order dated 29th March, 1990 passed by the Rajasthan civil Services Appellate Tribunal, Jaipur (in short, the Tribunal). The Tribunal under the aforesaid order dismissed the appeal filed by the petitioner, which was filed against the order dated 16th Oct., 1989 under which whereas other persons were promoted to the super-time scale of RAS, so far as the petitioner is concerned, in his case, sealed cover procedure was adopted because he had-been suspended on 26th Aug., 1989.

(3.) There is no dispute that the suspension of the petitioner which was ordered vide order dated 26th Aug., 1989, was revoked on 4th Dec., 1989. There is also no material that any disciplinary proceedings were in contemplation against the petitioner, or any disciplinary proceedings were initiated against him till date. Therefore, once the suspension of the petitioner has been revoked and sealed cover procedure was adopted as the petitioner was under suspension, we are of the opinion that there is no legal basis to continue to keep the recommendations of the DPC in respect of the petitioner in sealed cover.