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Supreme Court of India 2016-12-14 partly_allowed

Harsh Kumar Sharma, IFS vs State of Punjab & Anr

Bench: 2 — A.K. Sikri

In Brief

An IFS officer facing corruption charges challenged the sealed cover procedure adopted by the Departmental Promotion Committee (DPC) which kept his promotion result confidential. The Court held that the sealed cover procedure was justified because the charge-sheet was filed before the DPC meeting date (9 December 2008 vs. 29 March 2011). However, the Court found that no mandatory six-monthly reviews of the sealed cover had been conducted over the years, and significant developments (delisting of forest area, withdrawal of prosecution sanction considered) warranted reconsideration. The Court directed consideration of ad-hoc promotion within one month while the criminal proceedings remain pending.

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Administrative Law Service Law Promotion Sealed Cover Procedure Criminal Prosecution Departmental Promotion Committee Corruption Procedural Fairness

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