- (1.) This appeal is directed against the judgment of the Lucknow Bench of the Allahabad High Court dated 29-7-1997.
(2.) By the impugned judgment the High Court has directed the employer to open the sealed cover and implement the decision in relation to the respondent, an employee of the Corporation in the matter of his promotion to the post of Joint Manager from the post of Deputy Manager. The respondent joined Food Corporation of India on 9-9-1981 and was continuing as Deputy manager on substantive basis until he was promoted on ad hoc basis as Joint manager on 24-7-1996.
(3.) On 23-5-1997, on the basis of certain allegations received against him, the Managing Director of the Corporation, directed initiation of a disciplinary proceeding and also placed the respondent under suspension under regulation 66 of the FCI Staff Regulations. On the very day, the departmental Promotion Committee which had met to consider the promotion from the post of Deputy Manager to Joint Manager adopted the sealed cover procedure in relation to the respondent in view of the order of suspension that had been passed against the respondent by the Managing director. The respondent then filed a writ petition in the Allahabad High court and obtained an order of stay of suspension on 4-6-1997. Subsequently, he filed another writ petition which was registered as WP No. 532 of 1997. In the said writ petition he prayed for the relief that the employer should be directed to open the sealed cover and implement the decision of the Departmental Promotion Committee notwithstanding the decision of the employer to initiate a disciplinary proceeding. By the impugned judgment the High Court having granted the relief sought for, FCI is in appeal.;