Sealed cover procedure in promotion
Digambar Behera
(Querist) 09 September 2023
This query is : Resolved
Dear Sir,
DPC decided my name in the list successful candidates to my promotion to next cadre in Bank. There was no pending disciplinary case or criminal case including issuance of charge sheet at time my name was declared in the list of successful candidates. The effect of promotion as and when vacancy arise. Immediately I have got transfer memorandum with the designation of promotion as declared in the circular. Due to sickness,I cound not join at the office to which I was transferred . I produced medical certificate for sick leave as per rule. But bank did not accept it . Once against my complaint of discrimination on transfer matter ,head office confirmed my transfer on my promotion on administrative ground without discrimination. Now ,they are not allowing my promotion stating that my case is a sealed cover procedure. Kindly explain the position.
Regards
D Behera
T. Kalaiselvan, Advocate
(Expert) 09 September 2023
t is a practice wherein the findings of DPC regarding suitability of a government employee for promotion are put under a sealed cover. As per Office Memorandum dated 14th September 1992 [5] this procedure is adopted when the government servant is falling in the consideration zone for promotion but:
He is under suspension
He has been issued a charge sheet and disciplinary proceedings are pending against him.
He is facing a criminal prosecution.
It needs to be noted here that bare pendency of preliminary investigation is not sufficient and issuance of charge-sheet is mandatory for the appointing authorities to adopt the Sealed Cover Procedure. This also vindicates the fact that mere registration of an FIR against a government employee does not act as a barrier in consideration of his promotion.
You can approach high court with a writ petition seeking relief and remedy.
You may consult a local advocate and proceed as suggested.
Digambar Behera
(Querist) 11 September 2023
Sir
Thank you for your expert advice . Kindly suggest any advocate having expertise to deal in my matter at Kolkata High court with detail of his name , contact number and address.My case is pending more than 5 year in Kolkata High court and it's listing for hearing is failing for last 5 years as told by my advocate.
Regards
Sudhir Kumar, Advocate
(Expert) 11 September 2023
query discussed at
https://www.lawyersclubindia.com/experts/sealed-cover-procedure-in-promotion--753936.asp
