Every employee has right to be considered for promotion. Promotion provides opportunity to grow in terms of pay, responsibility and comes as greatest motivator in service.
While this is the case, the employees against whom disciplinary or criminal proceedings are pending can’t be rewarded with promotion. Therefore sealed cover procedure has evolved wherein Departmental Promotion Committee has to consider case of employee like normal employee but has to keep its findings regarding eligibility of promotion of delinquent employee in sealed cover. This sealed cover has to be opened only after the end of disciplinary or criminal proceeding.
In Union Of India Etc vs K.V. Jankiraman Etc on 27 August, 1991, 1991 AIR 2010, Supreme court has elaborately laid down principles in sealed cover cases .
The sealed cover procedure for promotion has to be applied only in case of employees against whom 1) suspension has issued 2) charge sheet in disciplinary cases has been served 3) criminal case proceedings has been started against employees
If employee is acquitted in disciplinary proceedings or criminal proceedings then sealed cover has to be opened and case of employee has to be considered as per report of DPC. If this report finds him fit for promotion he is notionally promoted retrospectively as per his seniority. He should be paid arrears of pay and conferred all increments.
The employees against whom punishment has been awarded at the end of enquiry, the sealed cover need not be opened. The eligibility of these employees for promotion has to be considered afresh in coming Departmental promotion Committee meeting.
Maharashtra government has issued GR on 15/12/2017 consisting of elaborate procedure of promotion of such employees.