Punjab & Haryana High Court, Chandigarh
Citation(1991) 4 SCC 109
CourtSupreme Court of India
Date28 August 1991
Year1991
BenchK.N. Saikia, R.M. Sahai JJ.
Acts/ArticlesArticle 14, Article 16, CCS (CCA) Rules
CategoryService & Employment Law

Key Principle Established

A government employee under suspension or facing disciplinary/criminal proceedings cannot claim promotion as of right but is entitled to be considered. Sealed cover procedure established.

Brief Facts

The question arose whether government employees who are under suspension or against whom disciplinary or criminal proceedings are pending can be promoted.

Ratio Decidendi

The Supreme Court established the sealed cover procedure:

  • Employees under suspension or facing proceedings must be considered for promotion by the DPC
  • The DPC’s recommendation is kept in a sealed cover
  • If exonerated, the sealed cover is opened and promotion given with retrospective effect
  • If found guilty, the sealed cover is not opened
  • This procedure protects both the employee’s rights and public interest

Impact & Significance

The sealed cover procedure is now universally followed across all government services. It balances the employee’s right to be considered for promotion with the need to ensure that tainted officers are not promoted before their innocence is established.

Tags & Related Topics

Service & Employment Law Article 14 Article 16 CCS (CCA) Rules
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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