Court of Orissa but there is no stay. It is argued that even the pendency of the appeal cannot come in the way of promotions of the Petitioner, if the DPC has recommended her, in view of DoPT O.M. dated 14.09.1992 issued pursuant to the judgment of the Supreme Court in Union of India and Others v. K.V. Jankiraman and Others, (1991) 4 SCC 109. It is urged that DoPT has issued another O.M. dated 19.01.2017 which provides that where recommendation of DPC is kept in a sealed cover solely on account of pendency of the criminal case, sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior Court albeit in such a case, in the order of promotion a mention will be made that promotion is provisional and subject to outcome of the appeal that may be filed against the acquittal. In case the Government servant is convicted in the appeal, provisional promotion will be deemed to be non-est and he will be reverted. Therefore, even though appeal against acquittal of the Petitioner is pending, sealed covers are to be opened and in case, Petitioner is recommended by the DPCs, she should be given promotion though provisional and subject to outcome of the appeal, but AAI cannot refuse to open the sealed covers on account of the pendency of the appeal against acquittal.
