Promotion – Sealed Cover Procedure – Deemed Date
In 2017, the applicant was eligible for promotion to the post of Deputy Director. On 19.4.2017, the crime for offences under the Prevention of Corruption Act was registered.
On 15.3.2018, the Department Promotion Board considered the applicant but kept in sealed envelope.
On 3.8.2018, the Government had refused to give sanction for prosecution of the applicant.
On 16.3.2022, the DPC took the decision not to open the sealed envelope.
Moreover, on 11.8.2023, the juniors of the applicant were promoted.
HELD that from date of 3.8.2018, refusing to grant sanction for prosecution of the applicant, in effect, no judicial proceedings could be said to be pending against the applicant.
Respondent no.2 shall consider afresh the case of the applicant for promotion and also for deemed date of promotion.
Judgment dated 30.4.2025 of the Maharashtra Administrative Tribunal, Mumbai in Original Application No.1265 of 2023 of Baasaheb Bhimarao Patil Vs. The State of Maharashtra and others
