SHARBAT CHAND JAIN Vs. BANK OF INDIA

JUDGEMENT

(1.) THE petitioner herein, an officer of respondent No. 1 bank, has prayed for a writ of mandamus directing the respondent-bank to open the sealed cover containing the recommendation of the D. P. C. held in May 1995 in respect of the petitioner and to declare the result. He has also prayed for a declaration that the action of respondent No. 1 in withholding the promotion of the petitioner by adhering to sealed cover procedure, and initiating disciplinary proceeding by chargesheet dated 5th January, 1998, is mala fide, illegal and without any authority of law. The petitioner has also prayed for consequential reliefs.

(2.) THE relevant facts are that the petitioner joined the respondent bank as a clerk in the year 1965, and, in due course, was promoted to the officer cadre. The petitioner was granted promotions from time to time and in the year 1987, he was promoted to Scale IV, a senior management post. On 30th November, 1992, he was promoted to Scale V, a higher scale, as Assistant General Manager on the recommendation of the D. P. C.

(3.) IN May 1995, the petitioner was interviewed by the Departmental Promotions Committee for promotion to Scale VI, viz. , for the post of Deputy General Manager. The petitioner was orally informed that the recommendation of the D. P. C. had been kept in a sealed cover.