UNION OF INDIA AND ANR versus RS.SHARMA

UNION OF INDIA AND ANR versus RS.SHARMA

Where formal sanction for prosecution is accorded before actual promotion, the sealed cover must not be opened and promotion withheld until exoneration as per para 7 of Sealed Cover Procedure.

Parties
Appellant: Union of India; Appellant: Chief General Manager of Mahanagar Telephone Nigam Ltd.; Respondent: R.S. Sharma
Jurisdiction
India
Judgment Date
18 April 2000
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Promotion, Sealed Cover Procedure, Government Servants, Prosecution Sanction, Departmental Promotion Committee
Service Law Promotion Sealed Cover Procedure Government Servants Prosecution Sanction Departmental Promotion Committee

Case Brief

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Parties

Union of India

Appellant

Chief General Manager of Mahanagar Telephone Nigam Ltd.

Appellant

R.S. Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Judgment

Legal Issues

  1. 1 Whether sealed cover procedure should continue when formal sanction for prosecution is accorded against a government servant after deletion of para 2(iv) of office memorandum

Ratio Decidendi

Where formal sanction for prosecution is accorded before actual promotion, the sealed cover must not be opened and promotion withheld until exoneration as per para 7 of Sealed Cover Procedure.

Court Disposition

Appeal allowed

Orders

  • Direction of Tribunal to open sealed cover and implement DPC recommendation set aside