https://www.taxtmi.com/caselaws?id=274020 Promotion cannot be withheld under the sealed cover procedure unless, on the date of consideration, a disciplinary proceeding, charge-sheeted case, suspension, or pending criminal prosecution exists. Here, the applicant was found fit by the DPC, the only criminal case had already ended in an accepted closure report, and no disciplinary proceeding was pending. Completed or closed complaints could not be treated as a continuing bar to promotion. The denial of promotion was therefore unsustainable, and the applicant was entitled to implementation of the DPC recommendation, notional promotion from the date juniors were promoted, financial benefits from the date of actual promotion, and corresponding seniority benefits. en-us Mon, 16 Jan 2017 00:00:00 +0530 Wed, 25 Jul 2018 13:25:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274020 Promotion cannot be withheld under the sealed cover procedure unless, on the date of consideration, a disciplinary proceeding, charge-sheeted case, suspension, or pending criminal prosecution exists. Here, the applicant was found fit by the DPC, the only criminal case had already ended in an accepted closure report, and no disciplinary proceeding was pending. Completed or closed complaints could not be treated as a continuing bar to promotion. The denial of promotion was therefore unsustainable, and the applicant was entitled to implementation of the DPC recommendation, notional promotion from the date juniors were promoted, financial benefits from the date of actual promotion, and corresponding seniority benefits. Case-Laws Indian Laws Mon, 16 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274020