P K Sharma (Engineer) 31 July 2015

Inconsistent rule with regard to opening of seal cover

Rule with regard to OPENING of seal cover of a penalized employee is inconsistent & contradictory while taking into consideration various Office Memorandum(s) of Department of Personnel & Training i.e.

Para 18.1 of memorandum No. 20011/4/92-AIS-11 Dt.28.03.2000 of DoPT, directs to open seal cover on conclusion of the disciplinary case/criminal prosecution.

Para 3.1 of Office Memorandum No.22011 4 91-Estt.(A) 14th Sept., 1992 of Department of Personnel & Training states that If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon.

It is evident that findings of sealed cover, which are not going to be acted, shall be known only after opening of sealed cover.

In addition para 2.1 of above OM is self explanatory which states that the cover will be superscribed ‘Findings regarding suitability for promotion to the grade/post of ……….in respect of Shri………..(name of the Government servant). Not to be opened till the terminator of the disciplinary case/criminal prosecution against Shri…….’.

Office Memorandum No. 35034/1/97-Estt(D)(Vol.IV) dated 18.7.2001 of Department of Personnel & Training clarifying Point 48 of doubt, states that if, however, the employee is not exonerated and a formal penalty is imposed, sealed cover will not be opened.

The judgment dated 27.8.1991 of the Hon`ble Supreme Court in Union of India etc. Vs. K.V. Jankiraman etc. (AIR 1991 SC 2010) also states that seal cover is to opened on conclusion of the disciplinary case/criminal prosecution irrespective whether the employee is exonerated or any penalty is imposed on him.

Moreover Information Commissioner in one of the case vide File No.CIC/LS/A/2011/000166/BS/0555 (Copy enclosed) has given the ruling as under:

“The disciplinary proceedings have already been concluded and hence we see no reason why the sealed cover cannot be opened and its contents disclosed.”

In view of above, it is requested to kindly apprise clear Rule with regard to opening of seal cover of an employee who has been penalized after disciplinary proceedings.

Reply Follow

9 Replies

Sudhir Kumar, Advocate (Advocate) 31 July 2015

please state problem.

do nto set question paper.

P K Sharma (Engineer) 01 August 2015

It is evident that if any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon.

However I want to know whether sealed cover of an employee who has been penalized after disciplinary proceedings.is to be opened or not.

Sudhir Kumar, Advocate (Advocate) 01 August 2015

please state problem. In which capacity you are concerned.

P K Sharma (Engineer) 01 August 2015

Sir,

My candidature for Promotion has been kept in sealed cover since long.Authorities are not opening the same by quoting Rules of various OM of DoPT.

Sudhir Kumar, Advocate (Advocate) 01 August 2015

has the charges bee dropped ?

P K Sharma (Engineer) 01 August 2015

Sir,

I`ve not been exonorated & a penalty of censure was imposed.

Para 18.1 of memorandum No. 20011/4/92-AIS-11 Dt.28.03.2000 , directs to open seal cover on conclusion of the disciplinary case/criminal prosecution for both the situation of exoneration or imposition of penalty whereas Office Memorandum No. 35034/1/97-Estt(D)(Vol.IV) dated 18.7.2001 while clarifying Point 48 of doubt, states that if, however, the employee is not exonerated and a formal penalty is imposed, sealed cover will not be opened.

May kindly go through above OMs..

Sudhir Kumar, Advocate (Advocate) 01 August 2015

How does it matterif sealed cover is opened or not. You are not to be promoted even if re3commneded by DPC.

P K Sharma (Engineer) 02 August 2015

Sir,

In our department, for promotion to executive cadre one has to pass written examination followed by an interview.

In my first DPC after passing my written exam, I was not promoted.

In my next DPC, my candidature was kept in sealed cover due to pending diciplinary proceedings.I was considered "Fit for promotion" as confirmed by DPC members. Afterwards, I was awarded a penalty of censure in the diciplinary proceedings.

In my third DPC, after clearing exam, I was not promoted for the reasons best known by the members of DPC.

In my forth DPC, I could not clear written exam.

In utter dismay & harresment, I did not apper in fifth DPC.

My question is that in my 2nd DPC if I was fit for promotion, how come I was not promoted in my 3rd DPC.

As such in order to have a confirmed evidance, I wish to open sealed cover of my second DPC.