https://www.taxtmi.com/caselaws?id=463550 Where vigilance clearance has been granted, the DPC must assess promotion on the basis of the service record and relevant merit factors, and not on the underlying allegations in a pending FIR unless the governing sealed cover instructions are actually attracted. The office memoranda contemplated only a bare statement before the DPC, not disclosure of the criminal allegations, so the assessment had to remain uninfluenced by pending proceedings. Applying K.V. Janakiraman, the Delhi High Court held that preliminary investigation or pendency of criminal process alone could not justify denial of promotion consideration. The DPC's reliance on FIR allegations and the gravity of the charge was an extraneous consideration, so the finding of unfitness was set aside and the matter remitted to a Review DPC. en-us Tue, 28 Jan 2025 00:00:00 +0530 Fri, 29 Aug 2025 15:31:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463550 Where vigilance clearance has been granted, the DPC must assess promotion on the basis of the service record and relevant merit factors, and not on the underlying allegations in a pending FIR unless the governing sealed cover instructions are actually attracted. The office memoranda contemplated only a bare statement before the DPC, not disclosure of the criminal allegations, so the assessment had to remain uninfluenced by pending proceedings. Applying K.V. Janakiraman, the Delhi High Court held that preliminary investigation or pendency of criminal process alone could not justify denial of promotion consideration. The DPC's reliance on FIR allegations and the gravity of the charge was an extraneous consideration, so the finding of unfitness was set aside and the matter remitted to a Review DPC. Case-Laws Indian Laws Tue, 28 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463550