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Issues involved: Interpretation of circular letter dated 21.01.1993 regarding promotion procedure for government servants with pending disciplinary/court proceedings.
Summary: In this case, the Supreme Court considered the interpretation of a circular letter dated 21.01.1993 in relation to the promotion of a government servant with pending disciplinary proceedings. The respondent, who was recruited to the Indian Railway Traffic Services, was eligible for promotion to the Senior Administrative Grade. However, due to a vigilance case pending against him, a sealed cover procedure was adopted by the Departmental Promotion Committee (DPC) as per the circular guidelines. The key contention was whether the respondent, who had a chargesheet issued against him after his junior was promoted, should have been promoted during the period when no disciplinary action was pending against him. The appellant argued that the circular was misinterpreted, emphasizing the need for a proper procedure before withholding promotion based on pending charges. On the other hand, the respondent's counsel argued that the circular's provisions should be read in conjunction to ensure fair consideration for promotion. The Court held that while promotion is not a fundamental right, the right to be considered for promotion is fundamental and must be done in accordance with applicable rules. The circular's sealed cover procedure should only be applied when specific conditions, such as the issuance of a chargesheet, are met. In this case, since the chargesheet was issued after the DPC's recommendations, there was no bar to promoting the respondent earlier. The Court distinguished previous cases cited by both parties, emphasizing the specific circumstances required for the sealed cover procedure to be invoked. Ultimately, the Court found no fault in the lower courts' judgments and dismissed the appeal with costs. This judgment clarifies the proper application of circular guidelines in cases of pending disciplinary proceedings for government servants being considered for promotion, ensuring a fair and lawful promotion process.
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