D S CHOUHAN Vs. PRASHANT SHARMA

JUDGEMENT

(1.) THIS appeal filed by Satpura Narmada Kshetriya Gramin Bank (hereinafter referred to as the 'appellant Bank') is directed against the impugned order of the learned Single Judge dated 5th October 2010 in Writ Petition No.1501/2010 (S), whereby the writ petition filed by respondents No.1 to 7 was allowed and consequently the written test held by the appellant for promotion of its employees from clerical cadre to Officer Junior Management Grade Scale I (OJM I) was quashed on the ground that there was leakage of question paper inasmuch as the written test was held for Surguja Kshetriya Gramin Bank at Ambikapur, District Surguja, Chhattisgarh at 10:00 a.m. while the written test was held for the appellant Bank at Gwalior centre at 1:00 p.m. The learned Single Judge while allowing the writ petition of respondents No. 1 to 7 has directed the appellant Bank to conduct a fresh written test for promotion in terms of the Regional Rural Bank (Officers and Other Employees) Appointment and Promotion Rules, 1998 (hereinafter referred to as the' Rules of 1998').

(2.) INITIALLY 17 persons including respondents No. 1 to 7 had filed the writ petition, but later on 10 out of them had withdrawn themselves from the petition and their names were deleted from the array of petitioners vide order passed by the writ Court dated 23rd July 2010.

(3.) WE have heard Shri D.S. Chouhan, learned counsel appearing on behalf of the appellant Bank, Shri Prashant Sharma, learned counsel appearing on behalf of respondents No. 1 to 7, Shri Sanjay Dwivedi, learned counsel appearing on behalf of respondent No.8 Institute of Banking Personnel Selection (IBPS) and also Shri Jitendra Sharma, Advocate, who had appeared on behalf of two successful candidates being appellants in connected appeal being Writ Appeal No.657/10. WE have also perused the written submissions filed by the counsels for the parties in the matter.