STATE OF M.P. versus J.S. BANSAL AND ANR.

STATE OF M.P. versus J.S. BANSAL AND ANR.

The Tribunal was not justified in directing opening and implementation of the 'Sealed Cover' recommendations regarding promotion while departmental proceedings were pending. The 'Sealed Cover Procedure' was validly adopted; effect to the recommendations could only be given after conclusion of proceedings and exoneration. Interim orders for opening sealed covers are to be made only in truly exceptional circumstances, which are not present in this case.

Parties
Appellant: State of Madhya Pradesh; Respondent: J.S. Bansal; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
09 February 1998
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh Administrative Tribunal, Bhopal, in O.a. No. 237/1996
Outcome
Appeal allowed, Tribunal's order set aside.
Legal Topics
Promotion, Sealed Cover Procedure, Departmental Proceedings, Interim Relief
Service Law Promotion Sealed Cover Procedure Departmental Proceedings Interim Relief

Case Brief

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Parties

State of Madhya Pradesh

Appellant

J.S. Bansal

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh Administrative Tribunal, Bhopal, in O.a. No. 237/1996

Legal Issues

  1. 1 Whether the Tribunal's interim order directing opening of the 'Sealed Cover' and implementing recommendations regarding promotion, despite pending departmental proceedings, was justified.
  2. 2 Whether the 'Sealed Cover Procedure' was validly adopted by the Departmental Promotion Committee in view of pending departmental proceedings against the respondent.

Ratio Decidendi

The Tribunal was not justified in directing opening and implementation of the 'Sealed Cover' recommendations regarding promotion while departmental proceedings were pending. The 'Sealed Cover Procedure' was validly adopted; effect to the recommendations could only be given after conclusion of proceedings and exoneration. Interim orders for opening sealed covers are to be made only in truly exceptional circumstances, which are not present in this case.

Court Disposition

Appeal allowed, Tribunal's order set aside.

Orders

  • The 'Sealed Cover Procedure' was validly adopted and there is no reason to interfere.
  • Departmental proceedings against the respondent are to be completed within four months provided the respondent cooperates.