https://www.taxtmi.com/caselaws?id=463526 Mere registration of an FIR does not, by itself, justify use of the sealed cover procedure for promotion. The governing office memoranda require departmental or criminal proceedings to have reached the stage of pending prosecution contemplated by the applicable rules, and criminal proceedings are treated as instituted only when the Magistrate takes cognizance of the complaint or police report. Where no charge-sheet has been filed and no cognizance has been taken, the employee cannot be treated as facing pending criminal prosecution for sealed cover purposes. On that basis, the sealed cover procedure was held to have been wrongly applied and the DPC recommendation was directed to be opened and considered for promotion. en-us Wed, 11 Sep 2024 00:00:00 +0530 Fri, 05 Sep 2025 19:26:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463526 Mere registration of an FIR does not, by itself, justify use of the sealed cover procedure for promotion. The governing office memoranda require departmental or criminal proceedings to have reached the stage of pending prosecution contemplated by the applicable rules, and criminal proceedings are treated as instituted only when the Magistrate takes cognizance of the complaint or police report. Where no charge-sheet has been filed and no cognizance has been taken, the employee cannot be treated as facing pending criminal prosecution for sealed cover purposes. On that basis, the sealed cover procedure was held to have been wrongly applied and the DPC recommendation was directed to be opened and considered for promotion. Case-Laws Indian Laws Wed, 11 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463526