- (1.) Heard Mr.Sandeep Dixit and Ms.Nandita Bharti, learned counsel for the petitioner as well as Shri H.P. Srivastava, learned Additional Chief Standing Counsel for the respondents.
(2.) The petitioner is aggrieved with the office order dated 13 October 2014 issued by the Finance Department of the State Government, whereby the State Government has declined to act upon the recommendations of the selection committee for the reason that petitioner is facing a criminal prosecution in which the charge sheet has been filed in the Court. A criminal case had been registered as case crime No. 156 of 2002 P.S. Maniar District Ballia against the petitioner under Sections 420, 467,468 & 471 I.P.C. and under Sections 7/13 of the Prevention of Corruption Act. Therefore, the petitioner's matter of promotion was kept in sealed cover in terms of office memorandum dated 28 May 1997.
(3.) The subject of the office memorandum is "The determination of procedure for following sealed cover proceedings in matters relating to promotion of State Government employees". The office memorandum has laid down the following procedure:- "1. The Departmental Selection Committee constituted for the purpose of considering promotion, shall consider all employees sin which, who under the relevant rules and Government Orders come within the zone of eligibility even though against any such employee, some proceedings/enquiry (miscellaneous enquiry departmental/ preliminary enquiry, vigilance enquiry, departmental formal enquiry, enquiry by the Administrative Tribunal) or prosecution is pending or is contemplated or the employee concerned is suspended. The departmental selection committee shall without taking into account the pending/ contemplated enquiry, consider all other relevant service records of such employee for judging the suitability of such employee for the purpose of promotion. 2. After the employee concerned is considered in the aforesaid manner by the Departmental Selection Committee, a clear recommendation regarding the suitability or otherwise of such employee for promotion shall be given by the Departmental Selection Committee. The same shall not be recorded in the minutes of the meeting held by the Departmental Selection Committee, but the recommendations shall be recorded in a separate sheet of paper kept in a sealed envelope, on which it would be clearly mentioned that it contains the recommendations of the Departmental Selection Committee with regard to promotion of the employee concerned . Such "sealed cover" procedure shall be adopted-- (a) Where such employee has been placed under suspension. (b) Where such employee is facing disciplinary proceedings or proceedings are being conducted by the Administrative Tribunal and charge-sheet has been issued or (c) If on the basis of charges of criminal nature prosecution against such employee is pending i.e. charge-sheet has been submitted in the competent Trial Court. (3) Wherever any of such three circumstances are not available, each such matter shall be considered by the Departmental Selection Committee and after the recommendations are approved by the Competent Authority, promotion shall be made. However, where any of the three circumstances mentioned herein above are present, the recommendations of the Selection Committee shall be kept in a sealed envelope and such sealed envelope shall be opened only in the manner prescribed in the following paragraphs.";