You have not mentioned to which department or service you belong, i.e., whether you are working in the central government or a state government or some PSU. This is because every organisation may have different rules relating to sealed cover. You have to examine the relevant rules / guidelines applicable to you for sealed cover procedure.
However, generally speaking, guidelines relating to sealed cover procedure are mostly similar for most governments. 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.”
The said Guidelines further state that:
“In the case of an officer recommended for promotion by the Screening Committee where any of the circumstances mentioned in para 11 above arise before actual promotion, sealed cover procedure would be followed. The subsequent Committee shall assess the suitability of such officers along with other eligible candidates and place their assessment in sealed cover. The sealed cover/covers will be opened on conclusion of the disciplinary case/criminal prosecution. In case the officer is completely exonerated, he would be promoted as per the procedure outlined in para 18 above and the question of grant of arrears would also be decided accordingly. If any penalty is imposed upon him 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 shall not be acted upon, as outlined in para 18.2 above.”
From the above guidelines, it may appear that the competent authority may have to wait for the conclusion of the departmental inquiry as well as the completion of the criminal case, both.
You’ll have to examine the relevant guidelines applicable to you and see what exactly is the legal position with regard to sealed cover procedure in your 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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