Sealed cover procedure in promotion
Querist :
Anonymous
(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
It is a practice wherein the findings of DPC regarding suitability of a government employee for promotion are put under a sealed cover.
Sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry/criminal prosecution against the employee.
Till the findings are kept in the sealed cover, the vacancy is filled on an officiating (temporary) basis. The sealed cover is opened and the recommendations are acted upon only if the employee is exonerated lock, stock and barrel in the proceedings pending against him. If any penalty, including censure, as specified in Rule 11 of Rules is imposed on the employee then the findings of Sealed Cover are not acted upon. His case then might be considered by next DPC apropos the penalty imposed on him in the disciplinary proceedings.
It is pertinent to note here that warnings, letters of caution, reprimands or advisories that are issued to Government servants for negligence, carelessness, lack of thoroughness, delay etc. to improve their efficacy does not constitute penalty and is not a bar for consideration for promotion.
If you are confirmed that there is no disciplinary proceedings are pending against you then you can file a writ petition before high court to direct the authority concerned to open the sealed cover and promote you as per the promotion policy and your eligibility.
Sudhir Kumar, Advocate
(Expert) 11 September 2023
You are not at all clear on facts.
Sealed covered procedure is adopted when the candidate on the date of PC is chargesheeted / suspended or facing criminal trial.
You nowhere stated as to whether such conition was (or was ) not there.
In this case you have also stated that you submitted a medical certificate and also some presentation against transer.
You no where clearly stated whether medical certificate was rejected to whether request for modification of transfer was rejected.
You are still not clear as to whether you are now facing any chargesheet.
This replies your query at https://www.lawyersclubindia.com/experts/sealed-cover-procedure-in-promotion--753931.asp
Querist :
Anonymous
(Querist) 11 September 2023
I was neither charge sheeted/ suspended nor facing any criminal trial/ no FIR etc at time of DPC declared the list eligible candidates for promotion.
Querist :
Anonymous
(Querist) 12 September 2023
Sir,
The first issue pertains to the sealed cover procedure, which has been inappropriately applied to my case. As such there was no application of sealed cover procedure at the time DPC selected the list of candidates promoted to higher cadre and circular published in which my name was there and the effect date of promotion is as and when vacancies arise. After 3 days of publication of circular , transfer memorandum despatched to office in which I was designated with higher post . I would like to emphasize that there are no pending cases against me, whether departmental or criminal. Therefore, the use of sealed cover procedure is unwarranted and unjust in my situation as understood from above discussion. But on account of sickness, i couldn't join at the transferred place due to which charge meno was issued. These are afterwards of result of promotion. I have applied sick leave producing medical certificate from Regd medical practitioner as per rule .
Therefore issue revolves around a sick leave case in which the appellate authority has made an inaccurate decision. I have been penalized for not producing a medical certificate from CMO Delhi, despite having submitted all the required medical certificates for sick leave. Importantly, there is no provision in any bipartite settlement of the bank that mandates the production of a medical certificate from CMO.
To provide some context, I have been fighting this case for nearly nine years now, both outside and inside the court. It is perplexing to me why my case has been pending for more than five years within the legal system.
Sincerely,
Sudhir Kumar, Advocate
(Expert) 18 September 2023
You are not clearing the fats.
I have understood that.
There was a DPC.
You were found suitable for promotion.
You did not join.
afterwards there was a chargesheet.
Please correct me if I am wrong.
Querist :
Anonymous
(Querist) 19 September 2023
Sir
I have already made it clear that there was no pending criminal or disciplinary matters were pending at time when the result was published through circular and memorandum of transfer with designation of the promoted post and many other correspondences in which the promoted post was mentioned. Any afterward charges of relating sick leave which was applied with medical certificate as per rule though not sanctioned and treated as authorised absence can't be treated as pending disciplinary matter or criminal charges. Further Sir, medical certificate for sick leave due to falling down from high place along x ray report were submitted with application for sanction of leave. The application for sick leave is applied as per official guidelines.The provision is that if the medical certificate has been doubted on face of it ,the Authority is having power to nominate a doctor at their discretion and instruct the employee to appear before the nominated doctor with place and time for it. Since the certificates were alright,the Authority had not done this test but blamed me squarely to produce medical certificate from CMO Delhi for which no official mandate are there. Mr . T.vkalaisevan Sir has already made it clear,this sealed cover procedure applied by the Management is not justified.
Regards
Querist :
Anonymous
(Querist) 19 September 2023
Further Sir, How the question of sealed cover would come after declaration of the result through circular and transfer memorandum designating me with the promoted post? This is peculiar and appearing to be absurd . How without any pending disciplinary or criminal charges,my name to the post will sealed after declaration of result by publishing it through a circular or after designating me to promoted post through various letter correspondence and transfer memorandum?
Kindly advise.
Regards
Querist :
Anonymous
(Querist) 20 September 2023
Sudhir Kumar Sir,
Good Afternoon. Afterward charge sheet was issued making it unauthorised absence against genuine application for my sick leave which was applied along with medical report including x ray report from Doctor. Sir,Making genuine sickleave as unauthorised absence is purely motivated and justified.
Regards
Querist :
Anonymous
(Querist) 22 September 2023
@justified to read as unjustified
Querist :
Anonymous
(Querist) 22 September 2023
Sudhir Kumar Sir,
Please advise me.
Regards
Sudhir Kumar, Advocate
(Expert) 30 September 2023
whole set of papers re required to be seen and case tlo be discussed in person. Meet a lawyer of your trust.
P. Venu
(Expert) 01 October 2023
In spite pf the lengthy original posting and subsequent clarifications, some crucial facts are missing -
- are you still in service with the Bank. If so, in what capacity?
- Subsequent to promotion and transfer were you been relieved?
- If so, after the rejection of application for leave, did you rejoin duty?
- If so, where - from the place and post you have been relieved or different place?
- If at a different place, in which post?
- Had you produced Fitness Certificate while rejoining?
- Was this period of absence regularised? If so, how?
- Admittedly, Disciplinary proceedings had been initiated. Has the proceedings been completed? If so, what is the Final Order?
- What is the source of your information as to alleged sealed cover? Are you in receipt of any communication to this effect?
- What is the Court case pending? What is its present status? What are the reliefs sought?
Please furnish simple facts avoiding subjective opinions.
Sudhir Kumar, Advocate
(Expert) 03 October 2023
The above facts are relevant to forming a view about your case.
