V.M.Sahai, J. - (1.) Heard Sri P.C. Srivastava, learned counsel for the petitioner and learned standing counsel appearing for respondents.
(2.) The petitioner is Sub - Inspector of Police. Departmental Promotion Committee was constituted for considering the claim of promotion for the post of Circle Inspector. The petitioner was selected by the departmental promotion committee for the post of Circle Inspector of Police. His name is placed at serial No. 399 of the merit list. The promotion of the petitioner was kept in sealed cover as CB, CID enquiry was going on and some investigation with regard to case crime No. 69 of 1994 under Section 302 I.P.C. in which the petitioner was charged under Section 217/218/201/297 I.P.C. and Section 4 SC/ST Act was pending. Vide order dated 1.8.98 passed by respondent No. 2, the promotion of the petitioner was kept in sealed cover. It is this order (Annexure 18 to the writ petition) which has been challenged by the petitioner in instant writ petition.
(3.) In supplementary counter affidavit in paragraph 5, filed by respondents, it has been stated that charge - sheet has been filed before the court on 22.3.99 and the matter is pending before the competent court. The Apex Court in Union of India v. K.V. Jankiraman, 1991 (63) FLR 767 , has held that the sealed cover procedure is to be resorted to only after the charge memo/charge - sheet is issued. The pendency of preliminary investigation prior to that stage will not be sufficient to enable the authorities to adopt the sealed cover procedure. The respondents have admittedly filed charge - sheet on 22.3.99 whereas the promotion of the petitioner was placed in sealed cover prior to it on 1.8.98 which was wholly illegal and contrary to law laid down by the Apex Court.;