Pending Departmental Enquiry and Charge-Sheet Preclude Promotion Regardless of APAR Benchmarks Under Sealed Cover Procedure.

The applicant, a Group A officer in the Income Tax Department, sought the setting aside of Departmental Promotion Committee (DPC) minutes dated 22.02.2017 and 27.10.2017 that assessed him as "Unfit" for the grade of Chief Commissioner of Income Tax (CCIT).

While the applicant was previously promoted to Principal Commissioner (Pr. CIT), the DPC for the CCIT post found his 2012-13 APAR to be below the "Very Good" benchmark.

The applicant contended that this APAR was incomplete (covering only 3 months) and lacked a Reviewing Officer's remarks.

Subsequent to these DPCs, a CBI case was registered against the applicant in 2017 (in which he was acquitted), but the Department then initiated a Departmental Enquiry and issued a Charge-sheet in 2018.

1. Whether the DPC's assessment of 'Unfit' based on an allegedly incomplete and below-benchmark APAR for the period 2012-13 was legally sustainable.

2. Whether the applicant is entitled to promotion and consequential benefits during the pendency of a Departmental Enquiry where a charge-sheet has been issued.

An APAR exceeding three months is considered a valid report that cannot be ignored.

Landmark precedent Union of India v. K.V. Jankiraman (1991 AIR 2010), which established that if a departmental enquiry is pending and a charge-sheet has been issued, the "sealed cover procedure" must be adopted, and the official is not entitled to immediate promotion until exonerated.

The Tribunal examined the applicant's claim that the 2012-13 APAR should be ignored. However, the respondents argued that since the report covered the period from 01.04.2012 to 02.07.2012 (more than three months), it constituted a complete record under administrative rules.

The DPC had graded this period as "Good" or "Average," which fell below the mandatory "Very Good" benchmark required for HAG+ grade promotions.

Applying the Jankiraman ratio, the Tribunal reasoned that the existence of a pending disciplinary proceeding where a charge-sheet has been served precludes the grant of promotion at this stage.

The Original Application was disposed of with the direction that the applicant's promotion rights are subject to the final result of the disciplinary proceedings. No costs were awarded.