Himachal Pradesh High Court Rules Sealed Cover Procedure Misapplied in Promotion Case: Petitioner Entitled to Due Promotion

In a significant ruling, the Himachal Pradesh High Court, bench presided by Jyotsna Rewal Dua, J., declared that the adoption of the sealed cover procedure in the case of Naresh Kumar, who was being considered for promotion to the post of Assistant Engineer (Civil), was unjustified. The court held that the sealed cover procedure can only be utilized after the issuance of a charge-memo or charge-sheet and not during the preliminary investigation stage.

The case (CWP No.8244 of 2022) revolved around Naresh Kumar, who had been appointed as Junior Engineer (Civil) in the H.P. Public Works Department and was being considered for promotion to the higher post. However, his promotion was put on hold due to a pending criminal case against him in the Court of learned Special Judge, Kullu, related to FIR No.2/2013. The FIR was registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act at Police Station State Vigilance & Anti-Corruption Bureau Keylong, District Lahaul & Spiti.

The court's judgment clarified that the sealed cover procedure can only be resorted to after a charge-memo or charge-sheet is issued, not during the preliminary investigation phase. The Hon'ble Apex Court's precedent in Union of India and others v. K.V. Jankiraman and others, (1991) 4 SCC 109 was cited, concurring with the view that the adoption of the sealed cover procedure before the charge-sheet stage is not justified.

In the case at hand, no charge-sheet had been filed against Naresh Kumar, and the Investigating Officer confirmed his non-involvement through a closure report submitted to the learned Special Judge. The court deemed the application of the sealed cover procedure by the respondents as improper and ruled in favor of the petitioner.

In light of the judgment, the court directed the respondents to open the sealed cover and, if Naresh Kumar is found eligible for promotion, all consequential benefits should be granted to him from the due date. The authorities were instructed to complete this process within four weeks from the date of the judgment.

Date of Decision: 13.07.2023

Naresh Kumar vs State of H.P. and others