For his promotion, such government servant may have to wait for the completion of the court case.
Sealed cover procedure is generally followed for considering the promotion of the following Government servants / officers:
(a) Officers under suspension;
(b) Officers in respect of whom a chargesheet has been issued and disciplinary proceedings are pending;
(c) Officers in respect of whom prosecution for criminal charge is pending.
For the purposes of promotion, the Screening Committee or the Selection Committee assesses the suitability of the officers coming within the purview of the circumstances mentioned above, along with other eligible candidates, without taking into consideration the disciplinary case / criminal prosecution which is pending. The assessment of the Committee and the grading awarded by it is to be kept in a sealed cover.
The same procedure is required to be adopted by the subsequent Screening Committees / Selection Committees till the disciplinary case / criminal prosecution against the officer concerned is concluded.
This sealed cover is opened only on the conclusion / completion of the disciplinary case or the court case, as the case may be. As per the guidelines, if the proceedings of the Selection Committee for promotion contain findings in a sealed cover, on conclusion of the disciplinary case/criminal prosecution, the sealed cover or sealed covers shall be opened. In case the officer is completely exonerated, the due date of his promotion will be determined with reference to the findings of the Screening Committee kept in sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such findings. The officer shall be promoted even if it requires to revert the junior-most officiating person. Such promotion would be with reference to the date of promotion of his junior and in these cases, the officer will be paid arrears of salary and allowances.
If a penalty is imposed on the officer as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next Screening Committee in the normal course, having regard to the penalty imposed on him. In such cases, the question of arrears may be decided by taking into account all the facts and circumstances of the disciplinary/criminal proceedings. Where arrears of salary or a part thereof are denied, the reasons for doing so shall be recorded.
Thus, as per the guidelines, a government servant facing a prosecution in a court, may have to wait for the completion of the court case for getting his promotion, since the aforesaid sealed cover procedure is used to consider his promotion, and this sealed cover is opened only after the conclusion of the criminal prosecution / court case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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