A.K.Sikri,J. - (1.) In these appeals, challenge is laid by the appellant to the judgment dated 05.05.2014 of the High Court vide which writ petition of the respondent/State of Punjab is allowed and order of the Central Administrative Tribunal (CAT) has been set aside. The appellant herein had filed Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Chandigarh Bench of the CAT for certain reliefs. The result of the Departmental Promotional Committee (DPC), after considering the case of the appellant for promotion, has been kept in a sealed cover by the DPC. Main relief sought for by the appellant was for opening of the sealed cover and giving effect thereto, with other consequential reliefs. The Tribunal had allowed the OA of the appellant thereby granting the said prayer. The High Court has, vide impugned judgment, reversed the order of the CAT.
(2.) It may be stated at this stage that the appellant is facing criminal prosecution under the provisions of Prevention of Corruption Act, 1988 (for short 'PC Act'). The issue, therefore, resolves around these criminal proceedings, namely, whether that could form the basis of keeping the result of the DPC in sealed cover. According to the appellant, having regard to the guidelines for resorting to the sealed cover procedure, stage was not ripe for this purpose as, as on the date on which the DPC was held, there was neither any chargesheet against the appellant nor any charges framed in the criminal case. The respondents claimed otherwise as, according to them, matter had already been entrusted to CBI for carrying out the investigation into the allegations of acts of corruption on the part of the appellant and even the investigation was complete and report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) had been submitted by the CBI to the competent court. Since the report under Section 173 of the Cr.P.C. was filed before the first meeting of the DPC which was held, it was argued that the sealed cover procedure had been rightly adopted.
(3.) Few facts which are relevant in order to appreciate the rival contentions and decide the issue need a mention at this stage. We, therefore, proceed to take note of those facts.;