MOHAN LAL AGGRAWAL Vs. BHUBANESWARI PRASAD MISHRA

JUDGEMENT

(1.) The appellants before us and the first- respondent are officers of Bolangir anchalika Gramya Bank (for short 'the bank'). A promotion policy was formulated by the bank on 25.10. 1991 by which the promotion to the cadre of area managers/senior managers would be pursuant to a selection as provided in clause 3 thereof on the basis of a written test, seniority, performance and/or service record, CAIIB examination and interview.

(2.) The officers' association of the bank submitted a representation to the chairman protesting against the issuance of the circular on the promotion policy on the ground that it is violative of the provisions contained in the relevant rules.

(3.) The promotion policy indicated that even an officer who submits (i) a conditional refusal and/or (ii) absents himself from written examination and/or an interview without prior intimation or valid proof, shall be permanently debarred from the promotion to the higher grades and officiating chances too and suitable noting would be made in his service record also. The first-respondent participated in the tests and interview conducted by the bank and had not been selected thereof while the appellants before us had been selected. The first-respondent challenged the promotion policy and the consequential action taken by the bank in promoting the appellants and sought for consideration of his case for promotion.