SITA RAM AGGRAWAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS writ petition is filed by one Sh. Sita Ram Aggrawal, an employee of the respondent-bank. The petitioner, who was Civil Engineer, was appointed as a Manager(Civil) by the respondent-bank. On 29.3.1988, interviews were to be held for promotion to the post of Senior Manager (Civil) from the post of Manager in which the petitioner was working. The petitioner claims that he was bound to be promoted through the interview exercise which was conducted on 29.3.1988 inasmuch as the respondent-bank wrongly considered the unsatisfactory ACR for the year 1987 because this ACR of the year 1987 was communicated to the petitioner only much later on 25.10.1988. On behalf of the petitioner, it is argued before me unless and until adverse entries in the ACRs are communicated to an employee, such ACRs cannot be the basis of taking action against the employee, including refusing promotion to the employee.

(2.) BEFORE proceeding ahead I must note that pursuant to departmental proceedings the petitioner has been visited with the punishment of compulsory retirement, and which has become final as challenge to the same by the petitioner stands dismissed. Thus the limited issue is qua the promotion claim from March, 1988 till compulsory retirement in 1993.

(3.) THE petitioner has failed to file any rejoinder to the counter-affidavit, and therefore, it cannot be disputed that the petitioner did not get the qualifying marks in the interview dated 29.3.1988 for being promoted to Senior Manager(Civil), Middle Management Grade (III). Therefore, the issue is not with respect to ACR of the year 1987 having not been communicated to the petitioner, but the issue was of the petitioner failing to qualify in the interview which was held on 29.3.1988.