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2013 (7) TMI 587 - SC - Indian LawsSealed cover process – eligibility for promotion - Whether the respondent was eligible for promotion – gross misconduct in the matter of checking and passing the bills of various firms involved in manufacturing and supplying of cast iron sleeper plates was alleged - tribunal dismissed the application – High court decided in favour of respondent - On the relevant date the respondent’s batch mates were promoted - on that date the respondent was not under suspension - no charge sheet was served upon him nor he was facing any criminal prosecution – Held that:- Disciplinary proceedings commence only when a charge-sheet is issued to the delinquent employee – the recommendation of the DPC has to be honored and there is no question of applying ‘sealed cover process’ as decided in Union of India and Others vs. K.V. Jankiraman and Others(1991 (8) TMI 292 - SUPREME COURT) - the findings of his entitlement to the benefit are kept in a sealed cover to be opened after the proceedings in question are over - disciplinary proceedings commence only when a charge sheet is issued - Departmental proceeding is normally said to be initiated only when a charge sheet is issued – court agreed with the decision of the High Court – decided against the appellant.
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