9911796707
TMI Blog2000 (4) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... open the sealed cover and give effect to the recommendations made by the Departmental Promotion Committee (DPC). Union of India and the Chief General Manager of Mahanagar Telephone Nigam Ltd. have filed these appeals by special leave challenging the aforesaid direction issued by the Tribunal. The background of passing the said order is the following: Respondent was appointed in the Telecom Department during 1986. Hardly two years passed he got himself delved in the vortex of serious allegations of financial misdemeanors. One of the allegations is that he purchased very substandard materials for the Department at very high prices. An FIR was registered and the Central Bureau of Investigation (for short CBI) took up the investigation. On 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ories should be specifically brought to the notice of the Departmental Promotion Committee: (i) Government servants under suspension; (ii) Government servants in respect of whom disciplinary proceedings are pending or a decision has been taken to initiate disciplinary proceedings. (iii) Government servants in respect of whom prosecution for a criminal charge is pending or sanction for prosecution has been issued or a decision has been taken to accord sanction for prosecution; (iv) Government servants against whom an investigation on serious allegations of corruption, bribery or similar grave misconduct is in progress either by the CBI or any agency, departmental or otherwise. It is not disputed before us that on 3.4.1991 when DPC decided t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sealed cover. (iii) On opening of the sealed cover because of deletion of para 2(iv) if an officer is found to have been recommended as unfit by the DPC no further action would be necessary. Some further developments which took place in the meanwhile are also relevant. CBI completed and submitted a report to the Government on 7.5.1991 and sought for sanction to be accorded to launch prosecution proceedings against the respondent. On 9.7.1991 the Minister of State concerned gave his approval to the respondent and referred the matter for the advice of the Central Vigilance Commission (CVC). When the advice was given by the CVC the Minister for State gave further approval on 10.9.91 for adopting follow up actions on the report. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , adopted an alternative contention based on Paragraph 7 of the Sealed Cover Procedure which reads thus: Sealed cover applicable to officer coming under cloud before promotion:- A Government servant, who is recommended for promotion by the Departmental Promotion Committee but in whose case any of the circumstances mentioned in para 2 above arise after the recommendations of the DPC are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by the DPC. He shall not be promoted until he is completely exonerated of the charges against him and the provisions contained in this O.M. will be applicable in his case also. The conditions necessary to invoke the said clause are: (1) Recommen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not actually promoted by that time. Second is that, the stand taken up by the Department is that in spite of deletion of clause (iv) of the second paragraph, the recommendations of the DPC must remain in the sealed cover on account of the conditions specified in clause (iii) of the said paragraph by virtue of the operation of paragraph 7 thereof. We cannot say that the said stand was incorrect and, therefore, we are unable to blame the Department for not opening the sealed cover immediately after 31.7.1991. Learned counsel for the respondent made an endeavor to contend that in the light of the decision of this Court in Union of India vs. K.V. Janakiraman {1991 (4) SCC 109} the Sealed Cover Procedure can be resorted to only after Charge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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