The Delhi High Court has directed that IRS officer Sameer Wankhede be promoted to the post of Additional Commissioner, affirming the Central Administrative Tribunal’s (CAT) order. A Bench of Justice Navin Chawla and Justice Madhu Jain held that the “sealed cover” procedure can only be invoked in three limited circumstances when a departmental charge memo is issued, a criminal charge-sheet is filed, or the officer is under suspension.
The Departmental Promotion Committee had kept Wankhede’s promotion under sealed cover citing a CBI FIR, an Enforcement Directorate ECIR, draft charge memos, and other allegations. Rejecting this stand, the Court reiterated the principle in Union of India v. K.V. Jankiraman (1991) 4 SCC 109 that mere pendency of investigations, however serious, does not justify sealed cover.
Accordingly, the Court upheld CAT’s order and directed the authorities to open the sealed cover and, if recommended by UPSC, grant Wankhede promotion with effect from January 1, 2021, along with proper placement in the seniority list within four weeks.
Appearances:
For the Petitioners : Advs.- Mr. Ashish K. Dixit, CGSC with Mr. Shivam Tiwari, Mr. Umar Hashmi, Ms. Urmila Sharma.
For the Respondent : Advs.- Mr. Sudhir Nandrajog & Mr. Arvind Nayar, Sr. Advs. with Mr. T. Singhdev, Mr. Nikhil Palli, Mr. Jatin Prashar, Ms. Niyati Razdan, Ms. Bhavya Sharma, Mr. Vaidushya Parth, Mr. Shubham, Ms. Anum Hussain, Ms. Manisha, Ms. Ankita.
