IAS Promotion Guidelines - Ministry of Personnel, Public Grievances ...

1218. SEALED COVER CASES – ACTION AFTERCOMPLETION OF DISCIPLINARY/CRIMINAL PROSECUTION 718.1 If the proceedings of the Committee for promotion containfindings in a sealed cover, on conclusion of the disciplinarycase/criminal prosecution, the sealed cover or covers shall beopened. In case the officer is completely exonerate, the due date ofhis promotion will be determined with reference to the findings of theScreening Committee kept in sealed cover/covers and with referenceto the date of promotion of his next junior on the basis of suchfindings. The officer shall be promoted even if it requires to revert thejunior-most officiating person. Such promotion would be withreference to the date of promotion of his junior and in these cases,the officer will be paid arrears of salary and allowances.18.2 If a penalty is imposed on the officer as a result of thedisciplinary proceedings or if he is found guilty in the criminal prosecutionagainst him, the findings of the sealed cover/covers shall not be acted upon.His case for promotion may be considered by the next Screening Committeein the normal course, having regard to the penalty imposed on him. In suchcases, the question of arrears may be decided by taking into account all thefacts and circumstances of the disciplinary/criminal proceedings. Wherearrears of salary or a part thereof are denied, the reasons for doing so shallbe recorded.19. THREE MONTHLY REVIEW OF SEALED COVER CASESIt is necessary to ensure that the disciplinary case/criminalprosecution instituted against an officer is not unduly prolonged and allefforts to expeditiously finalise the proceedings are taken so that the need forkeeping the cases of officers in sealed cover/covers is limited to the barestminimum. The concerned State Governments shall comprehensively reviewsuch cases on the expiry of three months from the date of convening of thefirst Screening Committee which hadadjudged his suitability and kept its findings in the sealed cover. Such areview should be done subsequently also after every three months. Thereview shall, inter alia, cover the progress made in the disciplinaryproceedings/criminal prosecution and further measures required to be takento expedite their completion. The material/evidence collected in theinvestigations would also be scrutinized to determine in cases involvingsuspensions whether there is a prima-facie case for initiating disciplinaryaction or sanctioning prosecution against the officer. If as a result of such areview, the State Govt. comes to a conclusion that there is prima facie nocase, the sealed cover would be opened and the officer concerned would begiven his due promotion with reference to the position assigned to him bythe DPC.Same procedure is to be followed in considering the cases ofconfirmation.