M.H.S. Ansari, J. - (1.) The petitioner is presently employed as Deputy Medical Superintendent. The respondent formulated a common coal cadre and thereby a scheme was formulated and promotion procedures prescribed for executives from E-1 grade to E-9 grade through Departmental Promotion Committee. The said scheme in Para 4.8 provides the criteria for promotion and stipulates that such criteria from E-1 to E-3 grade would be seniority-cum-merit and beyond E-3 grade the criteria for promotion would be merit-cum-seniority. The petitioner, in the instant case claims that he has been unlawfully and arbitrarily deprived of promotion to E-4 grade and E-5 grade applicable to Executives/officers of Coal India Ltd. and has been allowed there- by to be illegally superseded by juniors. In March, 1993, a D.P.C. was constituted for selection from Executive grade (E-3) to Deputy Medical Superintendent, E-4 grade. The petitioner was found suitable and selected for promotion in E-4 grade but the promotional er was not issued until 12th November, 1993 when notional seniority/ fixation of pay with effect from 31.3.1993 was granted (Annexure TT at Pg. 101). The grievance of the petitioner is that persons junior to him have been granted promotion to Executive grade E-5 under cluster concept but the same has been denied to the petitioner. The instant writ application has been filed inter alia, praying for the reliefs as under: "a) A writ and/or order and/or direction in the nature of mandamus commanding the respondents and each of them to promote the petitioner as Deputy Medical Superintendent on a regular basis in E-4 grade w.e.f. 31.3.1993 and in E-5 grade as Medical Superintendent w.e.f. 14.8.1996 with all consequential monetary and other benefits of seniority in each grade over his juniors;" In the affidavit-in-opposition, it is admitted that the Departmental Promotion Committee met on 15th March, 1993 to consider promotions from E-3 to E-4 grade in medical discipline. The case of eligible candidates including the petitioner was placed before the D.P.C.. As admittedly, a criminal case was pending against the petitioner, as such, the Vigilance Department has not given the clearance. By order dated 5.9.1996, petitioner was promoted on ad-hoc basis to the post of Deputy Medical Superintendent in E-4 grade. It has been stated in the said order that the promotion is being made on purely ad-hoc basis and the same will not confer any right for regular promotion and the company reserves the right to cancel the ad-hoc promotion at any point of time. It was also stated therein that the confirmation or otherwise on the said promoted post would be subject to the outcome/decision of the case pending against the petitioner vide a charge sheet No. 16 dated 30.1.1986. It is not in dispute that D.P.C. has been constituted and considered the cases for promotion to E-5 grade but the case of the petitioner was not considered as he was given ad-hoc promotion awaiting outcome of the criminal case pending against him. Admittedly, a criminal case involving the petitioner is pending in connection with the death of the petitioner's wife. The office memorandum dated 4th September, 1992 (Annexure A to the affidavit-in-opposition) has prescribed the procedures for consideration of the cases for promotion under various categories such as employees under suspension, employees facing disciplinary proceeding and employees in respect of whom prosecution for criminal charges are pending. The procedure to be followed by the Departmental Promotion Committee prescribed thereunder read as under: "2.1: The Departmental Promotion Committee shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case/ criminal prosecution pending. The assessment of the D.P.C., including 'Unfit for Promotion', and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed "findings regarding suitability for promotion to the grade/post of ............ in respect of Shri ...................... (name of the govt. servant). Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri .....................' The proceedings of the D.P.C. need only contain the note 'The findings are contained in the attached sealed cover'. The authority competent to fill the vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of the D.P.C. in respect of the suitability of a Government servant for his promotion are kept in a sealed cover. 2.2: The same procedure outlined in para 2.1 above will be followed by the subsequent Departmental Promotion Committee convened till the disciplinary case/criminal prosecution against the Government servant concerned is concluded." In the light of the above, no infirmity can be found in the action of the respondents in promoting the petitioner to E-4 grade on ad-hoc basis awaiting outcome of the decision in the criminal case and following the sealed cover procedure. In terms of the above office memorandum, the promotion to E-5 grade in the case of the petitioner, the same procedure ought to have been followed by the subsequent Departmental Promotion Committee till the criminal prosecution case pending against the petitioner is decided. In the circumstances without going into the merits of the controversy as to whether the criminal case is based on incorrect information or as to whether the charge levelled against the petitioner in the criminal case being unconnected with the service of the petitioner, the same cannot be looked into for purposes of promotion, all such points in my view, are not relevant nor need consideration in the instant writ application. The fact remains that a criminal case is pending against the petitioner. The O.M. dated 14th September, 1992 prescribes the procedure to be followed by the Departmental Promotion Committee in cases where criminal cases are pending against such employee. Such procedure has necessarily, therefore, to be followed by the respondent authorities. The writ petition accordingly is being dis- posed of with a direction upon the respondents, if not already constituted a Departmental Promotion Committee should be constituted for considering the case of the petitioner for promotion to E-5 grade and the findings of the D.P.C. in respect of the suitability of the petitioner for his promotion to E-5 grade shall be considered in accordance with law and the decision be kept in a sealed cover. If considered suitable by the D.P.C, the petitioner may be granted ad-hoc promotion/notional fixation of pay in the promotional grade subject to and awaiting the decision in the criminal case. Any such notional/ad-hoc promotion shall be w.e.f. the date employee immediately junior to the petitioner in grade E-4 was promoted to E-5 grade. It is needless to state that the sealed cover would be opened and based thereon the matter with regard to the promotion of the petitioner to E-4 and E-5 grades shall be considered in the light of the judgment in the criminal case. Any or all benefits consequent upon, the said promotions would, therefore, depend upon the result of the criminal case pending against the petitioner and the result of the D.P.C. upon opening the sealed covers. The writ application is accordingly allowed in part and in terms as above. The aforesaid exercise, however, shall be completed expeditiously and preferably within a period of three months from date hereof. There shall, however, be no order as to costs. Let urgent Xerox certified copy of this judgment and order be furnished to the par- ties, if applied for, on priority basis.;