TMI Blog1993 (4) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... leave, adding that the same would be handed over to the respondent on his return from leave. On 28.11.1990, the Departmental Promotion Committee (D.P.C.) met, and in view of the earlier-decision to initiate disciplinary proceedings against the respondent, it followed the 'sealed cover procedure' in the case of respondent. It appears, that the effort to effect personal service of the chargesheet on the respondent on account of his non-availability continued, and the same could be served personally on the respondent only on 25.1.1991. As a result of the selection made by the D.P.C., certain persons were promoted to the post of Superintending Engineer, while the respondent's matter was kept in obeyance to await the outcome of the disciplinary proceedings. In these circumstances, the respondent filed Writ Petition No. 877 of 1991 in the Delhi High Court claiming a mandamus directing the D.D.A. to promote him as Superintending Engineer with effect from the date on which his juniors had been promoted to the post of Superintending Engineer, on the basis of selection made by the D.P.C. The High Court has allowed that writ petition taking the view, that 'the framing of char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espatch of a chargesheet without the further requirement of its actual service on the employee would now be sufficient according to the O.M. dated 14.9.1992 for following the sealed cover procedure, yet the same was not sufficient earlier according to the O.M. dated 12.1.1988, which required actual service and not mere issuance of the chargesheet for initiating the disciplinary proceedings. Admittedly, the guidelines in the O.M. dated 12.1.1988 were in force, in the present case. The subject of the two memoranda, containing the guidelines, is the same, as under: Promotion of Government servants against whom disciplinary/court proceedings are pending or whose Conduct is under investigation Procedure and guidelines to be followed (emphasis supplied) Para 2 is the relevant portion in these memoranda. In 0.M. dated 12.1.1988, para 2 is as under :- Cases of Government Servants,-to whom Sealed Cover Procedure will be applicable. 2. At the time of consideration of the cases of Government servants for promotion, details of Government servants in the consideration zone for promotion falling under the following categories should be specifically brought to the notice of the Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion of the disciplinary proceedings, even though it would be improper to promote him, if found otherwise suitable, unless exonerated. To reconcile these conflicting interests, of the government servant and public administration, the only fair and just course is, to consider his case for promotion and to determine if he is otherwise suitable for promotion, and keep the result in abeyance in sealed cover to be implemented on conclusion of the disciplinary proceedings; and in case he is exonerated therein, to promote him with all consequential benefits, if found otherwise suitable by the Selection Committee. On the other hand, giving him promotion after taking the decision to initiate disciplinary proceedings, would be incongruous and against public policy and principles of good administration. This is the rationale behind the guideline to follow the sealed cover procedure in such cases, to prevent the possibility of any injustice or arbitrariness. The question now, is: What is the stage, when it can be said, that 'a decision has been taken to initiate disciplinary proceedings'? We have no doubt that the decision to initiate disciplinary proceedings cannot be subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direction given to despatch the same to the government servant as a result of the decision to initiate disciplinary proceedings taken prior to the meeting of the D.P.C., that was not sufficient to attract the sealed cover procedure merely because service of the chargesheet was effected subsequent to the meeting of the D.P.C. Moreover, in Jankiraman itself, it was stated thus : 14. To bring the record up to date, it may be pointed out that in view of the decision of this Court in Union of India v. Tejinder Singh, [1991] 4 SCC 129, decided on September 26, 1986, the Government of India in the Deptt. of Personnel and Training issued another Office Memorandum No.22011/2/86. Estt. (A) dated January 12, 1988 in supersession of all the earlier instructions on the subject including the Office Memorandum dated January 30,1982..... A further guideline contained in this Memorandum is that the same sealed cover procedure is to be applied where a government servant is recommended for promotion by the DPC, but before he is actually promoted, he is either placed under suspension or disciplinary proceedings are taken against him or a decision has been taken to initiate the proceedings or crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to inform him of the charges framed against him requiring his explanation; and not also the further fact of service of the chargesheet on the employee. It is so, because knowledge to the employee of the charges framed against him, on the basis of the decision taken to initiate disciplinary proceedings, does not form a part of the decision making process of the authorities to initiate the disciplinary proceedings, even if framing the charges forms a part of that process in certain situations. The conclusions of the Tribunal quoted at the end of para 16 of the decision in Jankiraman which have been accepted thereafter in para 17 in the manner indicated above, do use the word 'served' in conclusion No.(4), but the fact of 'issue' of the chargesheet to the employee is emphasised in para 17 of the decision. Conclusion No.(4) of the Tribunal has to be deemed to be accepted in Jankiraman only in this manner. The meaning of the word 'issued', on which considerable stress was laid by learned counsel for the respondent, has to be gathered from the context in which it is used. Meanings of the 'word issue' given in the Shorter Oxford English Dictionary include & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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