WP/41625/2026 of Union of India Vs C Rajendran on 13 October 2026

O R D E R

(Order of the Court was made by M.Dhandapani J.) The present writ petition has been filed by the petitioners, challenging the order dated 04.06.2026 passed by the Central Administrative Tribunal, Chennai Bench, in O.A.No.310/01911/2017, whereby the Tribunal set aside the order dated 19.09.2016 passed by the petitioners and directed them to open the sealed cover pertaining to the Departmental Promotion Committee (DPC) held in October 2014 and consider the case of the respondent for promotion to the post of Assistant Commissioner, with consequential benefits, subject to the conditions stipulated therein.

2. The learned counsel appearing for the petitioners submitted that the respondent was due for consideration for promotion to the post of Assistant Commissioner in the year 2014. The DPC was held in October 2014, and promotional orders in respect of other eligible officers were issued on 22.10.2014 and 31.10.2014. However, since disciplinary proceedings were pending against the respondent, his case was kept in a sealed cover. The disciplinary proceedings culminated in the imposition of the minor penalty of censure by order dated 01.12.2015.

3. The learned counsel further submitted that, in terms of paragraph 3.1 of the Office Memorandum dated 14.09.1992 issued by the Department of

Personnel and Training, ‘where a penalty is imposed on an employee, the findings contained in the sealed cover shall not be acted upon, and the employee's case may be considered by the next DPC in the normal course’. It was contended that no subsequent DPC was convened before the respondent's retirement on 30.04.2016 and, therefore, the Tribunal erred in directing the petitioners to open the sealed cover and grant notional promotion to the respondent.

4. Notice to the respondent is dispensed with, as no adverse order is being passed against him in the present writ petition.

5. The facts leading to the filing of the writ petition are not in dispute. The respondent entered service as Inspector of Central Excise in the year 1982 and was promoted as Superintendent in the year 2001. He was due for consideration for promotion to the post of Assistant Commissioner during the DPC held in October 2014. Since disciplinary proceedings were pending against him pursuant to the charge memorandum dated 27.08.2014, his case was kept in a sealed cover, while other eligible officers were promoted.

6. The disciplinary proceedings ultimately culminated in the imposition of the penalty of censure on 01.12.2015. Thereafter, the respondent submitted representations dated 28.03.2016 and 15.04.2016 seeking consideration of his case for promotion. The petitioners, however, rejected his request by relying upon the Office Memorandum dated 14.09.1992. The respondent subsequently approached the Tribunal challenging the rejection of his claim.

7. The Tribunal, after considering the facts and circumstances of the case, set aside the order dated 19.09.2016 and directed the petitioners to open the sealed cover pertaining to the DPC held in October 2014 and consider the respondent's case for promotion. The Tribunal further directed that, if the respondent was found fit for promotion, he should be granted notional promotion from the appropriate date after the imposition of the penalty of censure, together with consequential benefits, including pay fixation and revision of retiral benefits. However, the Tribunal specifically denied arrears of salary for the period during which the respondent had not actually served in the promotional post.

8. The question that arises for consideration is whether the order of the Tribunal warrants interference in the facts and circumstances of the present case.

9. The Hon'ble Supreme Court, in Delhi Jal Board v. Mahinder Singh, reported in (2000) 7 SCC 210, has held that the right to be considered for promotion by the Departmental Promotion Committee, provided the employee is eligible and falls within the zone of consideration, is a fundamental right guaranteed under Article 16 of the Constitution of India. The Hon'ble Supreme Court further explained the purpose of the sealed cover procedure and the circumstances in which the findings of the DPC are required to be given effect to, in accordance with the applicable rules and the outcome of the disciplinary proceedings.

10. It is true that, in Delhi Jal Board’s case (cited supra), the employee concerned had been exonerated in the disciplinary proceedings, whereas, in the present case, the respondent was imposed with the penalty of censure. Therefore, the said judgment cannot be applied as though the respondent is automatically entitled to promotion irrespective of the applicable service rules. Nevertheless, the principle that an eligible employee's right to consideration for promotion cannot be disregarded assumes relevance while examining the circumstances in which the respondent's case was kept in a sealed cover and the subsequent failure to consider his case after the disciplinary proceedings had concluded.

11. In the present case, the respondent was within the zone of consideration when the DPC met in October 2014. His case alone was kept in a sealed cover on account of the pending disciplinary proceedings. The said proceedings concluded with the imposition of the penalty of censure on

01.12.2015. Thereafter, the respondent's case was not considered by any subsequent DPC before his retirement on 30.04.2016.

12. The respondent's claim is not one for automatic promotion merely because the disciplinary proceedings have concluded. His grievance is that, despite his case having been considered by the DPC in October 2014, he was denied further consideration solely on the ground that no subsequent DPC had been convened before his retirement. In these circumstances, the question of opening the sealed cover and considering his case in accordance with the applicable rules assumes significance.

13. The disciplinary proceedings having concluded on 01.12.2015, the petitioners were required to examine the respondent's claim in accordance with the applicable rules and the relevant instructions governing sealed cover cases. The mere fact that no subsequent DPC was convened before his retirement cannot, by itself, be a sufficient reason to deny consideration of his claim, particularly when his case had already been placed before the DPC held in October 2014 and kept in a sealed cover on account of the pending disciplinary proceedings.

14. It is also relevant to note that the respondent entered service in the year 1982 and was promoted to the post of Superintendent in the year 2001. His claim for promotion to the post of Assistant Commissioner was kept in abeyance owing to the disciplinary proceedings pending against him. In the circumstances of the case, the Tribunal directed the petitioners to open the sealed cover and consider his case in accordance with law, while expressly denying arrears of salary for the period during which he had not actually served in the promotional post.

15. This Court finds no ground to interfere with the order of the Tribunal. The direction issued by the Tribunal preserves the requirement that the respondent must be found fit for promotion and does not grant him an unconditional or automatic promotion. The consequential benefits directed by the Tribunal are also subject to the conditions set out in its order. Accordingly, the writ petition stands dismissed. The petitioners are directed to implement the order dated 04.06.2026 passed by the Central Administrative Tribunal, Chennai Bench, in O.A.No.310/01911/2017, by opening the sealed cover and granting the respondent notional promotion, if found fit in accordance with the directions of the Tribunal, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (M.D.I.,J.) (A.D.M.C.,J.) 13-10-2026 sts

M.DHANDAPANI J. AND DR.A.D.MARIA CLETE J. sts Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Order made in W.P.No.41625 of 2026 Dated: 13-10-2026