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TMI Blog2007 (4) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... ommittee held its meeting in April-May, 1999. Respondents were, however, not promoted inter alia on the premise that the General Manager (Vigilance) of the Mahanadi Coalfields Ltd. intimated to the concerned authority that vigilance cases were pending against them. Orders of promotion were issued in favour of the officers who were admittedly junior to them on 31.8.1999. When despite representation, they were not promoted on the ground of pendency of vigilance cases, they filed writ petitions before the Orissa High Court praying inter-alia for notional promotion with effect from the date their juniors were promoted. During pendency of the Writ Petitions namely in June, 2002, charge sheets were issued and upon a disciplinary proceeding having been initiated, a penalty of reduction of pay by one stage for a period of one year without cumulative effect was imposed upon the respondents in July, 2003. Before the Orissa High Court as also before this Court, reliance has been placed by the appellants on office memorandums dated 19/27th June, 1979. Upon taking into consideration the said office memorandum as also subsequent memorandums and in particular the one dated 8.1.1981, the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r had never been suspended during the period of the so-called preliminary enquiry nor during the period of departmental enquiry. As such, he shall be entitled for promotion notionally with effect from the date his immediate junior got the same along with all service and financial benefit." On the said findings, the writ petitions were allowed. Mr. Ajit Kumar Sinha, learned counsel appearing on behalf of the appellant took us through the said office memorandum dated 27.6.1979 and submitted that as in terms thereof pendency of a vigilance or departmental action would itself be sufficient for not promoting the officer who would, in the event of their complete exoneration would be promoted as and from the date his immediate junior has been promoted; the impugned judgment cannot be sustained. The High Court, Mr. Sinha submitted, committed manifest error in invoking the sealed cover procedure which is not applicable to the fact of the present case. If the impugned judgment is upheld, a flood-gate of litigation would ensue. Strong reliance in this behalf has been placed by Mr. Sinha on a reported decision of this case in Manoj Kumar Singh v The Coal India Ltd. & Ors. in Civil Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing period during which the officers could not be promoted due to his suspension and/or pending departmental enquiry to be counted for increments in the higher grade but no arrears would be admissible to him. (Corrected as per No. C-5(A)/50972 (Vol.1) Pt./1507 dated 10.07.1979)." The said office memorandum was, however, clarified by a subsequent memorandum dated 8.1.1981 wherein it was laid down "It has been laid down in CIL O.M. number quoted above that all orders for promotions will be issued only after vigilance clearance. The stage at which a vigilance enquiry should affect the promotion, confirmation et. Of an employee of CIL and its subsidiaries has not been clearly defined in the above. Quoted office memorandum. Vigilance inquiries take considerable time to complete and in absence of a clear indication regarding the point at which such inquiries should stand in the ay of an officer's promotion, there is scope for confusion on this score. This matter has been engaging the attention of the management for quite some time. Taking into consideration the existing orders of the Government of India in this regard, the following decision has been taken. "All orders for promotions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of any charge sheet or at least in absence of any satisfaction having been arrived by the disciplinary authority that a prima facie case has been made out for proceeding against an employee, the Vigilance clearance can be given or not, did not fall for consideration at all therein. No issue in that behalf was framed; no argument was advanced; no reason has been assigned in support of the said order. This Court merely stated; "In the present case, the decision to take action against the appellant had been formed on 20.1.99. Therefore, the appellant could not have been granted vigilance clearance. In the circumstances, we see no reason to interfere with the order under challenge. The appeal is, accordingly, dismissed. There shall be no order as to costs." It is surprising that although the appellant is a 'State' within the meaning of Article 12 of the Constitution of India, it failed even to be fair to this Court inasmuch as the subsequent office memorandum dated 8.1.1981 and/or 14.5.2002 were not brought to its notice. Had the subsequent office memorandums and in particular the one dated 8.1.1981 been brought to the notice of the Court, we have no doubt in our mind that the te ..... X X X X Extracts X X X X X X X X Extracts X X X X
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