"A Government servant, who is recommended for promotion by the Depttl. Promotion Committee but in whose case any of the circumstances mentioned in para 2 above arise after the recommendations of the DPC are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by the DPC. He shall not be promoted until he is completely exonerated of the charges against him and the provisions contained in this OM will be applicable in his case also". We find that para 7 of the OM (supra) does not come to the assistance of the respondents. DPCs generally meet and consider cases of promotion of the individuals in the eligibility zone and make recommendations for future vacancies and this process is, therefore, directed to be undertaken on year to year basis before the vacancies arise. In such situations, if any, of the circumstances of para 2 of the DOPT's OM arise after the DPCs recommendations are recorded, but promotions have not taken place, directions of para 7 would operate against the promotions, as if the individual's case is placed in a sealed cover. However, the same would not apply in a case, where the individual's case is considered for promotion for an earlier period, much before any of the proceedings were contemplated and he or she is so recommended for promotion during such earlier period. In the instant case, the applicant's case was considered for promotion during the period 1993-98 and DPC had recorded its recommendation either way and the effect thereon would have followed immediately thereafter i.e. from 1993-98. No proceeding whatsoever was even contemplated against the applicant till 1.3.2000 and therefore the chargesheet issued on 1.3.2000 or the penalty imposed on 20.7.2000, could not have acted retrospectively on the applicant's promotion for any of the years 1993-98. Averments to the contrary are fallacious and unacceptable.
