Sealed cover proceedings
essycherianantony
(Querist) 11 April 2013
This query is : Resolved
Following Janakiraman case, in Government companies,the recommendations of promotion committee ,with regard to suitability for promotion of a person under suspension pending enquiry, is kept under sealed cover. What is the purpose of keeping it in sealed cover? What is the advantage of keeping it in sealed cover and not in open condition?
Raj Kumar Makkad
(Expert) 11 April 2013
This is purely an academic query. What are the facts of your case?
R.K Nanda
(Expert) 11 April 2013
purely for safety.
Guest
(Expert) 11 April 2013
The term is not sealed cover proceedings, but sealed cover procedure.
By reading sealed cover procedure in full you can know the purpose of keeping the recommendation in sealed cover till the disciplinary case of the employee is finalised.
Had you mentioned the real problem, we would have been more pleased to guide you about your problem.
prabhakar singh
(Expert) 11 April 2013
So it is something different Dhingra ji.
i took it as safety concerned as we often pray court to keep an original document in sealed cover so that no tampering etc.may be tried to damage that.
essycherianantony
(Querist) 12 April 2013
Thank you for your responses. As Mr.Raj Kumar Makkad observed, this is an academic query.
As per sealed cover procedure (thanks Mr Dhingra for correcting me), if a post is to be filled, and one of the candidates is under disciplinary action, post can be filled only in officiating capacity. If the DPC`s ranking is available in open cover, officiating arrangement can be avoided if the candidate under disciplinary proceedings is ranked lower than the 1st rank candidate. Future reversion etc. can be avoided.However, if he is ranked 1st, then definitely officiating arrangements have to be resorted to. Following this comes my doubt on the purpose served by keeping the ranking in sealed cover.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
Partially disagreeing.
In this case the assessment of charged officer regarding suitability (or non-suitability ) for promotion is kept in sealed cover. Remaining part of DPC is published and persons (other than charged officer) are promoted accordingly.
So there is nothing that the safety concern as expressed by some experts. Whole DPC including sealed and unsealed is part of official files and in case the file itself is lost both the portions are lost.
There is also no provision that the next available person will be promoted in officiating capacity. He will hold the substantive rank having been selected for substantive vacancy. He cannot be forced to suffer simply because someone else is accused.
The sealed cover will be opened only if the accused is fully exonerated.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
Your basic question is :-
What is the purpose of keeping it in sealed cover?
What is the advantage of keeping it in sealed cover and not in open condition?
These are not legal questions. These are policy matters for the Govt. Hence you have posted questions at wrong forum.
