Sealed cover procedure applies once disciplinary proceedings are decided before promotion selection, even if the charge-sheet comes later.

Sealed cover procedure applies where, before the DPC meets, the competent authority has already decided to initiate disciplinary proceedings on a defined factual basis, including a registered FIR communicated to departmental authorities. The later issuance of the charge-sheet does not alter the position if the prior decision to proceed for major penalty had already crystallised the allegations. The governing principle is that the employee's promotion consideration may be kept in sealed cover once disciplinary or criminal action has been validly initiated before the selection process. On these facts, the application of the sealed cover procedure was upheld.

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Issues: Whether the sealed cover procedure could be applied where, before the Departmental Promotion Committee met, the competent authority had already decided to initiate disciplinary proceedings on the basis of a registered FIR, even though the charge-sheet was issued later.

Analysis: The governing principle is that the sealed cover procedure is attracted once a decision has been taken to initiate disciplinary proceedings or criminal prosecution before the promotion selection is made. The later issuance of the charge-sheet does not control the position where the FIR had already been registered, communicated to the departmental authorities, and formed the basis of a prior decision by the competent authority to proceed against the employee for major penalty. On those facts, the charges were sufficiently crystallised, and the case also fell within the relevant administrative guideline dealing with serious allegations under investigation.

Conclusion: The sealed cover procedure was rightly applied, and the challenge to that action failed.

Ratio Decidendi: Sealed cover procedure is justified when, before the DPC's consideration, the competent authority has already taken a decision to initiate disciplinary proceedings on a defined factual basis, even if the formal charge-sheet is issued later.

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