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Union of India v. Dr. (smt.) Sudha Salhan

Supreme Court of India · 7 January 1998

Court
Supreme Court of India
Decided
7 January 1998
Case no.
C.A. No. 4266 of 1991
Bench
S. Saghir Ahmad, G.B. Pattanaik
Length
2 pages
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PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
DR. (SMT.) SUDHA SALHAN
DATE OF JUDGMENT: 07/01/1998
BENCH:
S. SAGHIR AHMAD, G.B. PATTANAIK

ACT

HEADNOTE

JUDGMENT

THE 7TH DAY OF JANUARY, 1998 Present:

Hon’ble Mr. Justice S.Saghir Ahmad

Hon’ble Mr. Justice Pattanaik Harish Chandra, Adv., (C.V.Subba Rao) Adv. (NP) for the appellants Surya Kant, Adv. for the Respondent

ORDER

The following Order of the Court was delivered:

SAGHIR AHMAD.J.

Respondent was appointed to the post of Obstetrician and Gynaecologist on 30th July, 1979. She was considered by the Departmental Promotion Committee for promotion to the post of Specialist Gr. II, (Senior Scale) in non-teaching Specialist Sub-Cadre on 8th of March 1989, but he proceedings of the Selection Committee were placed in the sealed cover. On 16th of April 1991, respondent was placed under suspension which was followed by a charge sheet issued to her on 8th of My 1991.

On 18th of April 1991, the respondent filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi, praying for the following reliefs:

"(a) to direct the respondents

open the sealed cover pertaining to

the promotion of the applicant to

Specialist Grade-II (Senior scale

officers in non-teaching specialist

sub-cadre in pursuance of the

recommendations of the Departmental

Promotion Committee (D.P.C.) which

met on 8.3.1989;

(b) to direct the respondents that

the applicant be promoted

retrospectively from the date of

her immediate junior has been

promoted and to pay arrears of

salary and allowances, if the DPC

had recommended in her favour;

(c) to direct the respondents to

give her all consequential benefits

like seniority, fixation of pay

etc;

The Tribunal by its impugned

judgment allowed the Original

Application and directed as under:

"In the result, therefore, we allow

the O.A and direct the respondents

to open the sealed cover pertaining

to promotion of the applicant to

specialist Grade-II (Senior Scale

officers in non-teaching specialist

sub-cadre) in pursuance of the

recommendations of the DPC which

met on 8.3.1989. Further in case

the recommendation of the DPC is in

her favour, we direct, the

respondents that the appellant be

promoted retrospectively from the

date of her immediate junior had

been promoted and pay the salary

and allowances to her. We further

direct that she is entitled to

consequential benefits, like

seniority and fixation of pay. This

may be done within a period of two

months from the dated of receipt of

a copy of this order".

The Union of India is in appeal before us.

The Tribunal has found it as a fact that on the date on which the Departmental Promotion Committee met to assess the case of the petitioner, she was neither under suspension nor was nay charge sheet issued to her. The Tribunal, consequently, replying upon its own Full Bench decision as also a decision of this Court in New Ban of India vs. N.P.Seghal & Anr. (JT. 1991(1) SC 498) allowed the Original Application and issued the direction s noted above.

The question, however, stands concluded by a Three Judge decision of this Court in Union of India and Ors. Vs. K.B.Jankiraman & Ors. (1991 (4) SCC 109 in which the same view has been taken. We are in respectful agreement with the above decision. We are also of the opinion that if on the date on which the name of a person is considered by the Departmental Promotion Committee for promotion to the higher post, such person is neither under suspension nor has any departmental proceedings been initiated against him, his name, if he is found meritorious and suitable, has to be brought on the select list and the "sealed cover" procedure cannot be adopted. The recommendation of the Departmental Promotion Committee can be placed in a "sealed cover’ only if on the date of consideration of the name for promotion, the departmental proceedings had been initiated or were pending or onm its conclusion, final orders had not been passed by the appropriate authority. It is obvious that if the officers, against whom the departmental proceedings were initiated, is ultimately exonerated, the sealed cover containing the recommendation of the Departmental Promotion Committee would b e opened, and the recommendation would be given effect to.

The appeal, therefore, has no merits and is dismissed without any order as to costs.

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