The following procedure is to be followed.
(1) At the time of consideration of the cases of Employees for promotion, details of employees in the consideration zone for promotion falling under the following categories will be specifically brought to the notice of the Departmental Promotion Committee :
(a) Whether the employee is under suspension ;
(b) Whether employee in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending ; and
(c) Whether an employee in respect of whom prosecution for a criminal charge is pending.
(2) The Departmental Promotion Committee shall assess the suitability of the employee coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending.
The assessment of the Departmental Promotion Committee including ‘found unfit for promotion’ and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed “Findings regarding suitability for promotion to the grade / post of ____________________ in respect of Shri __________________________ (Name of the Employee), Not to be opened till the prosecution against Shri ________________________ is over. The proceedings of the Departmental Promotion Committee will only contain the note “The findings are contained in the attached sealed cover”. The same procedure will be followed in subsequent Departmental Promotion Committee till the disciplinary cases / criminal prosecution against the employee concerned is concluded.
(3) On conclusion of the disciplinary case / dropping of allegations against the employee, the sealed cover will be opened. In case he is exonerated, the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover / covers and with reference to the date of promotion of his next junior on the basis of such position with all consequential benefits including back wages. If any penalty is imposed on the employee as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover / covers shall not be acted upon. His case, for promotion, will be considered by the next Departmental Promotion Committee in the normal course and having regard to the penalty imposed on him. In case where disciplinary proceedings have been held under the relevant disciplinary rules, ‘warning’ should not be issued as a result of such proceedings. If that some blame attached to the employee, at least the penalty of “censure” should be imposed. An employee, who is recommended for promotion by the Departmental Promotion Committee but in whose case any of the circumstances mentioned above arise after the recommendations of the Departmental Promotion Committee are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by Departmental Promotion Committee. He shall not be promoted until he is completely exonerated of the charges against him.