Sealed cover promotion cannot be withheld once criminal and disciplinary proceedings have ended before DPC consideration.

Promotion cannot be withheld under the sealed cover procedure unless, on the date of consideration, a disciplinary proceeding, charge-sheeted case, suspension, or pending criminal prosecution exists. Here, the applicant was found fit by the DPC, the only criminal case had already ended in an accepted closure report, and no disciplinary proceeding was pending. Completed or closed complaints could not be treated as a continuing bar to promotion. The denial of promotion was therefore unsustainable, and the applicant was entitled to implementation of the DPC recommendation, notional promotion from the date juniors were promoted, financial benefits from the date of actual promotion, and corresponding seniority benefits.

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Issues: Whether the applicant could be denied promotion under the sealed cover procedure when no disciplinary or criminal proceedings were pending against him on the date of consideration for promotion.

Analysis: The applicant was found fit by the Departmental Promotion Committee and recommended for promotion. The record showed that by the date of consideration, the only criminal case against him had already ended in a closure report accepted by the competent court, and no disciplinary proceeding was pending. The governing promotional instructions, read with the settled principle that sealed cover can be applied only where suspension, a charge-sheeted disciplinary case, or pending criminal prosecution exists, did not justify withholding promotion merely because complaints had once existed. The cited administrative instructions and prior tribunal decisions supported the view that a completed or closed matter cannot be treated as a pending impediment to promotion.

Conclusion: The denial of promotion was unsustainable. The applicant was entitled to have the DPC recommendation implemented, with notional promotion from the date his juniors were promoted, financial benefits from the date of actual promotion, and corresponding seniority benefits.

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