Union of India & Ors Vs. Dr. (Smt.) Sudha
Salhan  INSC 7 (7
Ahmad, G.B. Pattanaik Saghir Ahmad.J.
7TH DAY OF JANUARY, 1998 Present:
Mr. Justice S.Saghir Ahmad Hon'ble Mr. Justice Pattanaik Harish Chandra, Adv.,
(C.V.Subba Rao) Adv. (NP) for the appellants Surya Kant, Adv. for the
Respondent O R D E R The following Order of the Court was delivered:
was appointed to the post of Obstetrician and Gynaecologist on 30th July, 1979. She was considered by the
Departmental Promotion Committee for promotion to the post of Specialist Gr.
II, (Senior Scale) in non-teaching Specialist Sub-Cadre on 8th of March 1989,
but he proceedings of the Selection Committee were placed in the sealed cover.
On 16th of April 1991, respondent was placed under suspension which was
followed by a charge sheet issued to her on 8th of My 1991.
18th of April 1991, the respondent filed an Original Application before the
Central Administrative Tribunal, Principal Bench, New Delhi, praying for the following reliefs:
to direct the respondents open the sealed cover pertaining to the promotion of
the applicant to Specialist Grade-II (Senior scale officers in non-teaching
specialist sub-cadre in pursuance of the recommendations of the Departmental
Promotion Committee (D.P.C.) which met on 8.3.1989;
direct the respondents that the applicant be promoted retrospectively from the
date of her immediate junior has been promoted and to pay arrears of salary and
allowances, if the DPC had recommended in her favour;
direct the respondents to give her all consequential benefits like seniority,
fixation of pay etc;
Tribunal by its impugned judgment allowed the Original Application and directed
the result, therefore, we allow the O.A and direct the respondents to open the
sealed cover pertaining to promotion of the applicant to specialist Grade-II
(Senior Scale officers in non-teaching specialist sub-cadre) in pursuance of
the recommendations of the DPC which met on 8.3.1989. Further in case the
recommendation of the DPC is in her favour, we direct, the respondents that the
appellant be promoted retrospectively from the date of her immediate junior had
been promoted and pay the salary and allowances to her. We further direct that
she is entitled to consequential benefits, like seniority and fixation of pay.
This may be done within a period of two months from the dated of receipt of a
copy of this order".
Union of India is in appeal before us.
Tribunal has found it as a fact that on the date on which the Departmental
Promotion Committee met to assess the case of the petitioner, she was neither
under suspension nor was nay charge sheet issued to her. The Tribunal,
consequently, replying upon its own Full Bench decision as also a decision of
this Court in New Ban of India vs. N.P.Seghal & Anr. (JT. 1991(1) SC 498)
allowed the Original Application and issued the direction s noted above.
question, however, stands concluded by a Three K.B.Jankiraman & Ors. (1991
(4) SCC 109 in which the same view has been taken. We are in respectful
agreement with the above decision. We are also of the opinion that if on the
date on which the name of a person is considered by the Departmental Promotion
Committee for promotion to the higher post, such person is neither under
suspension nor has any departmental proceedings been initiated against him, his
name, if he is found meritorious and suitable, has to be brought on the select
list and the "sealed cover" procedure cannot be adopted. The
recommendation of the Departmental Promotion Committee can be placed in a
"sealed cover' only if on the date of consideration of the name for
promotion, the departmental proceedings had been initiated or were pending or onm
its conclusion, final orders had not been passed by the appropriate authority.
It is obvious that if the officers, against whom the departmental proceedings
were initiated, is ultimately exonerated, the sealed cover containing the
recommendation of the Departmental Promotion Committee would b e opened, and
the recommendation would be given effect to.
appeal, therefore, has no merits and is dismissed without any order as to