DRS Chambers

1. Case Title: Braham Singh v. State of U.P. & Another
Case Number: Writ - A No. 7257 of 2025
Court: High Court of Judicature at Allahabad, Lucknow Bench
Bench: Hon’ble Shree Prakash Singh, J.
Date of Decision: 20 April 2026
Citation Reference: WRIT-A No. 7257 of 2025

2. Facts of the Case

The petitioner was initially appointed as Assistant Manager (Civil) in Greater NOIDA Industrial Development Authority in 2002 and was later promoted to Manager Grade II in 2008 and Manager Grade I in 2014. A complaint was made against him in 2014, leading to departmental proceedings.
In the first inquiry, the petitioner was exonerated. However, after the Uttar Pradesh Industrial Development Authorities Centralized Services Rules, 2018 came into force, another proceeding was initiated on the same allegations. In the meantime, the Departmental Promotion Committee DPC met on 24.12.2020 for considering promotion to the post of Senior Manager (Civil), but the petitioner’s case was kept in sealed cover.
Later, a punishment of censure was imposed on 25.1.2022, but the same was subsequently cancelled on 11.4.2025. Thereafter, the petitioner sought promotion by way of representation dated 16.4.2025, which came to be rejected by the impugned order dated 12.6.2025.

3. Submissions by Counsel of Petitioner
Counsel for the petitioner submitted that the petitioner had an unblemished service record and had already been promoted on earlier occasions. It was argued that the sealed cover procedure was wrongly applied because, on the date of the DPC, no disciplinary proceeding was legally pending against the petitioner in a manner that could justify withholding promotion.
It was further submitted that the inquiry report had already exonerated the petitioner, and therefore the DPC ought not to have kept his result in sealed cover. Counsel also argued that the subsequent show-cause notice and punishment proceedings could not retrospectively validate the sealed cover procedure adopted in 2020.
Reliance was placed on the judgment in Union of India v. K.V. Jankiraman and on Union of India v. Doly Loyi, to contend that sealed cover can be adopted only after issuance of a charge-sheet in disciplinary proceedings or filing of a charge-sheet in a criminal case.

4. Submissions by State

Counsel appearing for the State opposed the writ petition and submitted that serious allegations had been made against the petitioner regarding possession of assets and cash not disclosed to the department. It was contended that the petitioner had violated the Conduct Rules and that the matter was not fit for promotion consideration in the normal course.
The State further argued that prosecution sanction had been granted on 18.11.2022 and a criminal charge-sheet was filed on 10.10.2023 before the Special Judge, Anti-Corruption, Meerut. On that basis, it was submitted that the sealed cover procedure was justified and the impugned order rejecting promotion did not call for interference.

5. Order of the Court
The Hon'ble Court held that the sealed cover procedure was wrongly sustained in the facts of the case. It observed that on the date when the DPC met on 24.12.2020, no criminal charge-sheet had been filed and the prosecution sanction came much later.
The Court further held that mere pendency of a sanction request or a preliminary stage of inquiry is not sufficient to attract sealed cover procedure.

Referring to the law laid down by the Hon'ble Supreme Court, the Court concluded that the order dated 12.6.2025 was unsustainable and accordingly quashed it.

The competent authority was directed to take a fresh decision regarding the petitioner’s promotion to the post of Senior Manager (Civil) within eight weeks from the date of production of a certified copy of the order.

6. Case Laws Relied

Union of India v. K.V. Jankiraman, AIR 1991 SC 2010.
Union of India v. Doly Loyi, 2024 SCC OnLine SC 2613.

The Court also referred to the Government Order dated 28.5.1997 governing sealed cover procedure in the State of Uttar Pradesh.

Edited by Adv. Swati Sinha
High Court
Lucknow