Exonerated GST Superintendent May Get Promotion From Juniors’ Date As Cuttack CAT Orders Sealed DPC Cover Opened

The applicant sought promotion to Assistant Commissioner from the date his juniors were promoted, and challenged the rejection of his representation

He had earlier been promoted to that grade on an ad hoc basis against the 2019 vacancy year.

Following revision of seniority, a Review DPC assessed him against the 2021 vacancy year; its recommendation, and a further recommendation for the 2022 vacancy year, were kept in sealed cover because disciplinary proceedings were pending.

His assessment for 2023 was deferred for want of an APAR.

After the matter was reserved for judgment, the applicant produced the Disciplinary Authority’s order dated 8 October 2026 exonerating him in the proceedings arising from the charge memorandum dated 27 June 2024.

1. Whether, following the applicant’s exoneration, the respondents should open and act upon the sealed-cover DPC recommendation concerning his promotion to Assistant Commissioner

2. Whether, if found fit by the DPC, the applicant should receive promotion from the date his juniors were promoted, with consequential service and financial benefits

The Tribunal relied on Union of India v. K.V. Jankiraman, 1991 AIR 2010, for the principle that an employee whose DPC assessment was kept in sealed cover because of pending disciplinary proceedings is entitled to have the sealed cover opened and the recommendation acted upon following exoneration.

The order identifies no statute or other precedent as a basis for its decision.

The applicant’s DPC assessment had been kept in sealed cover because disciplinary proceedings were pending.

The Disciplinary Authority subsequently exonerated him from the allegations underlying the charge memorandum.

Applying K.V. Jankiraman, the Tribunal concluded that the exoneration removed the basis for withholding the recommendation and that the applicant was entitled to the relief claimed, subject to the DPC finding him fit and there being no other impediment.

If the applicant is found fit, and there is no other impediment, the respondents must issue a promotion order within a further 30 days, posting him to the Bhubaneswar GST & CZ Zone, effective from the date his juniors were promoted, with consequential service and financial benefits.

No order as to costs was made.