UNION OF INDIA vs DR. (SMT.) SUDHA SALHAN

The Supreme Court upheld the decision of the Central Administrative Tribunal directing the Union of India to open the sealed cover regarding the promotion of the respondent to Specialist Grade-II, as the respondent was neither under suspension nor facing any charge sheet at the time of the Departmental Promotion Committee's meeting. The Court reaffirmed the principles established in Union of India and Ors. Vs. K.B. Jankiraman & Ors. (1991 (4) SCC 109), emphasizing that promotions should not be denied based on pending disciplinary actions that do not exist at the time of consideration. The appeal by the Union of India was dismissed, affirming the Tribunal's order for retrospective promotion and consequential benefits.