Sealed cover promotion procedure applies only when disciplinary or criminal proceedings are actually pending at the relevant time.

The sealed cover procedure for promotion applies only when, on the relevant date, the employee is under suspension, a charge-sheet has been issued with disciplinary proceedings pending, or criminal prosecution is pending. Preliminary inquiry or unserved allegations do not amount to pending disciplinary action, and later-arising disabling circumstances matter only if they arise after DPC recommendations but before actual promotion. Where none of the prescribed conditions existed at the time batch promotions were considered, sealed cover treatment could not be used to deny promotion, and the employee remained entitled to consideration with consequential benefits.

---

---

Issues: Whether the sealed cover procedure could be applied to deny promotion when, on the relevant date, no charge-sheet had been issued, no disciplinary proceedings were pending, no criminal prosecution was pending, and the employee was not under suspension.

Analysis: The governing office memorandum required the DPC to notice only three situations for applying the sealed cover procedure: suspension, issuance of a charge-sheet with pending disciplinary proceedings, or pending criminal prosecution. The decisive date was when the employee's batch mates were promoted. On that date, none of those conditions existed. The memorandum also provided that later-arising circumstances could attract sealed cover treatment only if they arose after the DPC recommendations had been received but before actual promotion. The Court applied the settled principle that disciplinary proceedings commence only on issuance of a charge-sheet, and preliminary inquiry or unserved allegations do not justify withholding promotion under sealed cover.

Conclusion: The sealed cover procedure was inapplicable and the employee was entitled to consideration for promotion with consequential benefits.

Ratio Decidendi: Sealed cover procedure for promotion can be invoked only when, at the relevant time, a charge-sheet has been issued or criminal/disciplinary proceedings are actually pending, or when such disabling circumstances arise after the DPC recommendation but before promotion.

---