PRAMOD KUMAR Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) Head by consent finally. Rule.

(2.) The Petitioner appeared for departmental promotional examination for the post of Scale V conducted by Oriental Insurance Company Limited. The Petitioner's name did not appear in final merit list. He was orally told that his name was withheld by applying "Sealed Cover Procedure". He felt aggrieved. The Petitioner tried to pursue his candidateship with higher officers. However, he was not successful. Hence, this Petition for writ of mandamus. Respondent No.1 is Oriental Insurance Co. Ltd., Respondent No.2 is General Manager of Respondent No.1. They have supported the decision not to promote the Petitioner. They have written to Chief Vigilance Commissioner and they have referred the matter to Central Bureau of Investigation. It is this reason which compelled Respondents to withheld Petitioner's name from promotion.

(3.) We have heard Mr. Avinash K. Jalisatgi, learned Counsel for the Petitioner. Mr. A.S. Khandeparkar learned Counsel for Respondent No.1. Also gone through the Judgments and Office Memorandums issued by Department of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), which are placed before us. We are supposed to decide this Petition on following issues :-