Sealed cover procedure applies once a charge-sheet is filed, not merely during investigation or preliminary inquiry.

For sealed cover purposes, criminal proceedings are treated as pending only when a charge-sheet is filed before the criminal court, not during preliminary inquiry or investigation alone. The governing position, drawn from Supreme Court exposition and read with later departmental instructions, is that a real legal cloud arises once criminal judicial proceedings are instituted, with cognizance by the Magistrate marking the relevant stage under the 2012 office memorandum. The sealed cover procedure is intended to prevent promotion where integrity is genuinely in issue, while avoiding denial of promotion on the basis of an unfinalised investigation. On that basis, promotion consideration may be withheld once the charge-sheet has been filed.

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Issues: Whether, for the purpose of the sealed cover procedure, a criminal prosecution is pending against a government servant only when the investigating agency files a charge-sheet before the criminal court, so as to justify withholding consideration for promotion.

Analysis: The governing principle was taken from the Supreme Court's exposition that disciplinary or criminal proceedings are treated as pending only after a charge-memo is served in departmental matters or a charge-sheet is filed before the criminal court in criminal matters, and not at the stage of preliminary inquiry or investigation. The later departmental instructions were read consistently with that position, and the clarification in the 2012 office memorandum reinforced that criminal judicial proceedings are deemed instituted on the date the police report or complaint is taken cognizance of by the Magistrate. The object of the sealed cover procedure is to prevent promotion of an employee whose integrity is under a real legal cloud, while avoiding denial of promotion merely because of unfinalised investigation.

Conclusion: Criminal prosecution was held to be pending once the charge-sheet was filed in court, and the department was justified in withholding promotion consideration under the sealed cover procedure.

Ratio Decidendi: For sealed cover purposes, criminal proceedings are pending when the charge-sheet is filed before the criminal court, and not merely during investigation or prior inquiry.

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