R N KAPOOR Vs. UCO BANK

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner seeks a writ of mandamus to its erstwhile employers, namely, the UCO Bank and its General Manager (Personnel), directing them to grant promotion to the petitioner with retrospective effect to scale II from 29 August 1979 and to scale III from 01 July 1983 in terms of clause 6 (in part C) of the head office staff circular letter No.52/75 dated 23 June 1975.

(2.) The petitioner, who had joined the respondent bank as a clerk on 02 January 1958, was later promoted as an officer in the bank's junior management scale-I (Grade D) effective from 15 December 1972. While he was working as an Assistant Manager in the Punjabi Bagh branch of the bank, the petitioner was charge sheeted on 29 August 1978 for allegedly committing some irregularities between 11 August 1976 and 14 July 1977. Departmental enquiry initiated against him was concluded on 28 May 1979; enquiry officer found him guilty and ultimately vide order dated 24 September 1980, the disciplinary authority imposed on the petitioner a punishment of withholding of one increment of his pay, without cumulative effect. The petitioner's appeal against the said punishment was dismissed on 24 April 1981 and the matter rested there.

(3.) It appears that after the petitioner was charge sheeted, a DPC was held and some officers, who the petitioner claims were junior to him, were promoted to next higher scale II (grade C). Since the petitioner felt that on 15 December 1977 he had become eligible for promotion to the next higher grade and had not been considered for the same with effect from 01 September 1978, he made a representation to the General Manager on 09 March 1979 but without success. He was informed that since departmental enquiry was pending against him, he could not be considered for promotion at that stage in terms of the aforesaid Office Circular. The next promotion process with effect from 01 July 1983 commenced some time in the year 1983 and although in the final list of generalist/ specialist officers issued in terms of paras 13 and 14 of the promotion policy, the petitioner was at serial No.125, he did not qualify for promotion. On his preferring an appeal to the Chairman on 03 October 1983, he was called for interview on 05 March 1984 by the Promotion Committee, but no result was communicated. He made yet another appeal on 16 August 1984 and finally vide letter dated 02 May 1985, he was informed that his appeals had not been found to be acceptable. The petitioner kept quiet till 02 September 1988 when he made yet another appeal to the Chairman, which was turned down on 14 October 1988 and he was informed that in the promotion process of 1983, the next promotion process initiated after the expiry of his period of punishment, he could not secure the minimum qualifying marks in performance appraisal and written test for being considered for promotion to scale II and, therefore, he could not be promoted with effect from 01 July 1983. Although in the meanwhile vide order dated 15 September 1988, ,the petitioner was promoted to scale II with effect from 01 January 1988, he seeks to challenge in this petition his non-consideration and/or promotion under the promotion processes initiated in the years 1978 and 1983.