TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 1660
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....nt nos. 1 to 3 are directed to open the sealed cover pertaining to applicant's promotion and in the event his name is recommended by UPSC, he shall be granted promotion to the post of Additional Commissioner w.e.f. 01 .01.2021. (b) Respondent nos. 1 to 3 are further directed to place applicant's name at appropriate position in the final seniority list dated 28.03.2024 of Joint Commissioners of Customs and Indirect Taxes. The aforesaid directions shall be complied within a period of four weeks from the date of receipt of copy of this order." 2. The respondent had filed the above OA, contending therein that the Departmental Promotion Committee (DPC) held on 18.03.2024, which had been constituted for considering the case of the eligible ad- hoc officers for regular promotion to the post of Joint Commissioner, had kept the case of the respondent in a sealed cover contrary to the Judgment of the Supreme Court in Union of India & Ors. v. K.V.Jankiraman & Ors., (1991) 4 SCC 109. The learned Tribunal, by the Impugned Order, has accepted the said challenge of the respondent, and has passed the above quoted directions. Submissions of the learned counsel for the petitioners: 3.....
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..... 2025 SCC OnLine Del 604, to submit that the Impugned Order passed by the learned Tribunal is in accordance with the law as declared by these judgments. 6. Further, drawing the attention of this Court to the reply filed by the petitioners before the learned Tribunal, they submit that it was the own case of the petitioners, that pursuant to the Order dated 12.03.2024 of this Court in WP(C) 3404/2024, titled Sameer Dnyandev Wankhede v. Union of India & Ors., it had apprised the CVC vide letter dated 26.07.2024, that the issuance of charge memo to the respondent, in pursuance of the first stage advise given by the CVC, cannot be carried out as of now and shall be kept in abeyance. They submit that even the further course of action that had been mentioned by the petitioners in its reply before the learned Tribunal, does not fit into the limited parameter wherein the sealed cover procedure can be followed. 7. As far as the FIR registered by the CBI is concerned, placing reliance on the Order dated 08.07.2025 passed by the High Court of Bombay in a Criminal Writ Petition No. 1910/2023, titled Sameer Dnyandev Wankhede v. Union of India & Ors., they submit that therein, the CBI had soug....
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....l action/ decision about conducting fresh enquiry in relation to NCB case Cr. No. 94/2021 (Cordelia Cruise Case), in the light of the Order dated 12.03.2024 of the Hon'ble High Court of Delhi; ii. DGoV, Zonal Unit, Mumbai vide letter dated 21.06.2024 was requested to conduct vigilance investigation on the alleged violation of CCS (Conduct) Rules, 1964 by the applicant with regard to alleged mis-declaration/ concealment of details in respect of his private visits to foreign countries and expenses during his Maldives travel and the same is underway; iii. CBI vide letter F. No. V.584/05/2022/ 11820 dated 27.06.2024 was requested to conduct investigation in relation to allegations pertaining to sale/ purchase of expensive watches by the applicant in addition to two complaints forwarded by this office received from Sh.Nawab Mallick and Shri Ratnakar Gedam against the applicant." 10. The respondent has also neither been placed under suspension nor any charge-sheet in a criminal prosecution has been filed against him. 11. The three conditions for placing the case of the respondent in a sealed cover, as set out in the Office Memorandum dated 14.09.1992 which has been issued in co....
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....opt the sealed cover procedure. We are in agreement with the Tribunal on this point. The contention advanced by the learned counsel for the appellant-authorities that when there are serious allegations and it takes time to collect necessary evidence to prepare and issue charge-memo/charge- sheet, it would not be in the interest of the purity of administration to reward the employee with a promotion, increment etc. does not impress us. The acceptance of this contention would result in injustice to the employees in many-cases. As has been the experience so far, the preliminary investigations take an inordinately long time and particularly when they are initiated at the instance of the interested persons, they are kept pending deliberately. Many times they never result in the issue of any charge- memo/chargesheet. If the allegations are serious and the authorities are keen in investigating them, ordinarily it should not take much time to collect the relevant evidence and finalise the charges. What is further, if the charges are that serious, the authorities have the power to suspend the employee under the relevant rules, and the suspension by itself permits a resort to the sealed cove....