Sealed cover promotion rules apply only after prescribed disciplinary or criminal proceedings are actually pending.

Sealed cover treatment for promotion requires one of the prescribed conditions to exist: suspension, a pending disciplinary charge-sheet, or a pending prosecution for a criminal charge. In criminal matters, the later clarification treats proceedings as instituted when a police report is filed and the Magistrate takes cognizance. Where the relevant promotion dates fell during the investigation stage, with no charge-sheet filed and no showing of suspension or pending disciplinary proceedings, there was no lawful basis to deny consideration for promotion or regular placement through sealed cover or deemed sealed cover. Once a charge-sheet is filed, sealed cover treatment may apply in accordance with law.

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Issues: Whether the sealed cover procedure could be applied to deny consideration for promotion and regular placement in Selection Grade, JAG-II and JAG-I when the criminal case was still at the investigation stage and no charge-sheet had been filed at the relevant time.

Analysis: The applicable administrative instructions required one of three conditions to exist before a case could be kept in sealed cover, namely suspension, issued charge-sheet with pending disciplinary proceedings, or pending prosecution for a criminal charge. The later clarification on criminal proceedings adopted the test of institution of judicial proceedings by filing of a police report and cognizance by the Magistrate. On the admitted facts, the matter remained under investigation for the relevant promotion dates, the charge-sheet was filed only later, and the petitioner was not shown to be under suspension or facing pending disciplinary proceedings when the Departmental Promotion Committees met. In those circumstances, the respondents had no lawful basis to withhold promotion consideration through sealed cover or deemed sealed cover.

Conclusion: The sealed cover procedure was wrongly applied for the relevant promotion exercises, and the petitioner was entitled to opening of the sealed covers and reconsideration for Selection Grade, JAG-II and JAG-I with consequential benefits, while sealed cover treatment after filing of the charge-sheet could continue in accordance with law.

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