Every organisation may have its own separate rules for following the sealed cover procedure for withholding promotion. You may have to check the relevant guidelines for sealed cover applicable in your bank.
However, generally speaking, guidelines relating to sealed cover procedure are mostly similar for most governments and government organisations. For example, for the IAS officers, the sealed cover procedure is laid down in No. 20011/4/92-AIS-II dated 28.03.2000 of the Government of India. Relevant portion of these guidelines relating to “Sealed Cover Procedure” is reproduced as under:
“11.1 At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned Screening Committees:-
(a) Officers under suspension;
(b) Officers in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending;
(c) Officers in respect of whom prosecution for criminal charge is pending.”
Therefore, for an IAS officer, the sealed cover procedure is used only in the above 3 situations.
You can check your own bank guidelines with regard to sealed cover procedure, and find out that whether any of these situations is applicable in your case.
The nature of penalty to be imposed (whether major penalty or minor penalty or no penalty) will depend on the facts of each case and there is a lot of discretion vested in the competent authority. So, it depends on the decision of the authority. I may tell you something, but the authority may decide something else. There is no hard and fast rule in such situations. But, generally, if there is only NPA and no fraud took place in loan sanction and disbursement, and the car and customer both are present, then in such a case, it may not be a case of major penalty. However, as I said above, it is the decision of the competent authority.
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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