In Union of India & Ors. vs. Doly Loyi, the Preeminent Court tended to the issue of advancements withheld utilizing the fixed cover method due to pending criminal charges. The respondent, an Extra Commissioner of Salary Assess, was denied a advancement after an FIR was recorded against him for offenses beneath the Anticipation of Debasement Act. In spite of the fact that his advancement was suggested by the Departmental Advancement Committee (DPC), the proposal was kept in a fixed cover, citing the pending criminal examination.
Key Issues and Court's Findings
Sealed Cover Procedure:
According to the government's Office Memorandum (OM) dated September 14, 1992, government employees are subject to the sealed cover procedure in cases where there is an ongoing criminal charge or disciplinary action. But in this instance, there was no ongoing prosecution at the time of the ruling because the charge sheet was submitted following the DPC meeting.
Supreme Court’s Ruling:
The Court reiterated that a mere FIR or the grant of sanction for prosecution is not enough to deny promotion unless a charge sheet has been issued. Citing the precedent in Union of India vs. K.V. Jankiraman, the Court ruled that disciplinary or criminal proceedings are deemed to start only after a charge sheet is issued. Therefore, the decision to withhold the promotion was unjustified.
Outcome:
The Supreme Court upheld the earlier decisions of the Central Administrative Tribunal and the Delhi High Court, directing that the sealed cover be opened and the respondent’s promotion be processed. The Court also confirmed that the respondent was assessed to be "fit" for promotion by the DPC, ensuring his promotion would proceed with back pay.
Conclusion:
This judgment reinforces the principle that promotions cannot be withheld solely on the basis of pending investigations. A formal charge sheet is necessary to justify such actions under the sealed cover procedure. The ruling underscores the need for fairness in administrative processes involving promotions.
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TAGS: Supreme Court sealed cover procedure promotion criminal proceedings FIR charge sheet Prevention of Corruption Act DPC government employees.
