For the Central Government servants, the guidelines for sealed cover procedure lay down as under:
“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.”
Presuming that you are working under the Central Government, the clause (c) will be applicable in your case. This means that if “prosecution for criminal charge is pending” then the sealed cover procedure may be adopted.
The question of “charge sheet” under the above guidelines is relevant when the charge sheet has been issued for a departmental proceeding, i.e., under clause (b) above, which is not relevant for your matter (as it appears from your question).
In fact, in a private complaint case (i.e., criminal case), there is no concept of charge sheet. This is so because “charge sheet” in a criminal case is relevant when the investigation in the case is conducted by police after registering FIR. In a private complaint case, there is no concept of charge sheet and the Magistrate takes cognizance directly. Of course, depending upon what type of criminal case it is, “charges” may be framed by court even in a private complaint case also, but it different from the filing of “charge sheet” by police.
Therefore, you’ll have to show that no prosecution for criminal charge is pending against you which could enable the authority concerned to put your case in sealed cover. You may have to approach the appropriate court or tribunal if the authority concerned does not agree with your contention. Please engage some local lawyer having expertise in service law.
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.
.
