ANUGRAH NARAYAN SINHA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) Whether a suspended employee, who is not considered for promotion solely on the ground that a disciplinary proceeding is pending against him, is entitled to be considered for such promotion retrospectively after the said proceeding is dropped following his exoneration of the charges, is the short but interesting question which arises for consideration in the instant writ petition.

(2.) The petitioner, a grade 'D' Officer in the United Commercial Bank, while working in the Division Office at Patna, was charge-sheeted and put under suspension with effect from 10th February 1976.

(3.) In the disciplinary enquiry that followed, the petitioner was exonerated of all the charges and was reinstated with effect from 27th October 1977. He was, however, suspended once again from 1st December 1977 and a fresh enquiry was directed against him.