that he had been denied non-functional scale of Rs.8000-13500 as he had worked on the post of Grade-I (DASS) for 11 years from 12th May, 1989 to 12th April, 2001. Before the Public Grievance Commission, it was stated by the Directorate of Vigilance that two cases for initiation of major penalty proceedings under Rule 14 of the of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 were pending against the petitioner as on 1st December, 2006, though no charge sheet had been issued against him as on 1st December, 2006. The Chairman of the Public Grievance Commission opined that as charge sheets had not been issued, non-functional pay-scale should be given to the petitioner. He relied upon the clarification given by the Ministry of Personnel, Public Grievance and Pensions in OM dated 25th October, 2004 read with DOPT‟s OM dated 14th September, 1992 issued pursuant to the judgment of the Supreme Court in Union of India Vs. K.V. Jankiraman , AIR 1991 SC 2010, recording that sealed cover procedure would be justified only when (i) the officer is under suspension, (ii) major penalty proceedings have been initiated and articles of charge have been served (iii) decision to prosecute the charged officer had been taken or charge sheet had been filed.
