Sealed cover procedure cannot block promotion merely because prosecution sanction is granted or investigation is pending.

Sealed cover treatment in promotion matters applies only where disciplinary proceedings have progressed to a charge memo or charge-sheet, or where criminal prosecution is actually pending. Grant of sanction for prosecution, by itself, does not amount to pendency of criminal prosecution, and a preliminary investigation is insufficient to deny promotional consideration. On that basis, resort to the sealed cover procedure was unjustified and the denial of promotion review was correctly set aside.

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Issues: Whether the mere grant of sanction for prosecution could be treated as pendency of a criminal prosecution so as to justify adoption of the sealed cover procedure in considering promotion.

Analysis: The applicable office memorandum permits sealed cover treatment only for government servants under suspension, those against whom disciplinary proceedings are pending after issuance of charge-sheet, and those against whom prosecution for a criminal charge is pending. The governing principle is that sealed cover procedure is attracted only after a charge memo or charge-sheet is issued, and not at the stage of preliminary investigation. Grant of sanction for prosecution, by itself, does not amount to pendency of criminal prosecution. The later clarification issued by the Government also reflects the same position and reiterates that investigation alone is insufficient to deny consideration for promotion through sealed cover.

Conclusion: Mere grant of sanction for prosecution was not enough to treat the respondent as facing a pending criminal prosecution, and resort to the sealed cover procedure was unjustified.

Final Conclusion: The respondent's promotion case could not be withheld on the basis of sealed cover, and the denial of promotional consideration was correctly set aside.

Ratio Decidendi: Sealed cover procedure in promotion matters can be invoked only after disciplinary or criminal proceedings have reached the stage of issuance of charge-sheet or charge memo, and not merely because sanction for prosecution has been granted or investigation is pending.

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