Sealed cover procedure cannot block promotion when criminal and departmental proceedings are not pending at consideration stage.

Promotion cannot be withheld under the sealed cover procedure unless suspension exists, a charge-sheet has been issued with disciplinary proceedings pending, or prosecution for a criminal charge is pending on the date the Departmental Promotion Committee considers the case. Here, the criminal case had ended in a closure report accepted by the court, no departmental proceedings had been initiated when the promotion was considered, and vigilance clearance had been granted; the proposed major penalty action remained only at the recommendation stage. On that basis, denial of promotion was unjustified, and the employee was held entitled to promotion with consequential reliefs.

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Issues: Whether the respondent could be denied promotion on the ground of pending vigilance or disciplinary action when the criminal case had already been closed and no departmental proceedings had been initiated on the date the Departmental Promotion Committee considered his case.

Analysis: The governing principle was that promotion can be kept in abeyance under the sealed cover procedure only where a Government servant is under suspension, a charge-sheet has been issued and disciplinary proceedings are pending, or prosecution for a criminal charge is pending. The record showed that the criminal investigation had culminated in a closure report accepted by the Special Judge, and no departmental proceedings had been instituted against the respondent by the date of consideration by the Departmental Promotion Committee. The department had also granted vigilance clearance and the proposed major penalty proceedings remained only at the stage of recommendation and were not pending proceedings.

Conclusion: The denial of promotion was unjustified, and the respondent was entitled to promotion with the consequential reliefs granted by the Tribunal.

Ratio Decidendi: Where neither criminal prosecution nor departmental proceedings are pending on the date of consideration by the Departmental Promotion Committee, promotion cannot be withheld and the sealed cover procedure is inapplicable.

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