SANTOSH KUMAR MOHAPATRA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) In the accompanying writ application, the petitioner has sought for quashing of the impugned order dated 08.06.2013 under Annexure-5 and prayer has been made for direction to the opposite parties to give promotion to the petitioner to the post of Scale-V and Scale-VI with consequential service and financial benefits keeping at par with the batch mate and juniors.

(2.) The brief facts as delineated in the writ petition is that the petitioner entered into Central Bank Service as Agricultural Financial Officer on 25.10.1985 and confirmed in Scale-II. While continuing as such, due to personal grudge and malafide the petitioner received a Memo dated 06.12.2005 and pursuant to the said Memo, the petitioner submitted his reply. Not being satisfied with the reply, submitted by the petitioner charges were framed against the petitioner asking him for filing of show cause as per the Central Bank of India (Discipline and Appeal) regulation. It is stated that without receiving show cause from the petitioner, the Inquiry Officer and Presenting Officer were appointed by letter dated 12.09.2006. After conclusion of the Departmental Proceeding, the Disciplinary Authority passed order of punishment dated 10.09.2007 by inflicting punishment against the petitioner reducing the petitioner's salary. Being aggrieved by punishment order dated 10.09.2007 the petitioner preferred appeal and the said appeal was rejected confirming the order of the Disciplinary Authority, by enhancing the punishment without giving any opportunity to the petitioner. The petitioner filed writ application, i.e., W.P.(C) No.6550 of 2008 challenging the order of Disciplinary Authority as well as Appellate Authority and the said writ petition was disposed on 30.03.2011 by quashing the order of the disciplinary authority as well as appellate authority and the matter was remitted back to the Disciplinary Authority for fresh consideration. In pursuance of the order passed by this Court dated 30.03.2011, the disciplinary authority vide order dated 05.06.2012 exonerated the petitioner from all the charges, as evident from Annexure-2 to the writ petition. Thereafter, the petitioner submitted representation dated 13.07.2012 before the Chairman and Managing Director, Central Bank of India, Central Office, Mumbai through proper channel claiming promotion to Scale-V with effect from 04.05.2011 and the representation of the petitioner was duly forwarded to the office of opposite party no.1. Opposite party no.3 has rejected the representation vide letter dated 08.06.2013 vide Annexure-5 which is impugned in this writ petition. In spite of interim order passed in Misc. Case No.5889 of 2008, the opposite parties vide letter dated 01.08.2008 vide Annexure-6 to the writ petition debarred the petitioner from the zone for consideration for promotion to the post of Scale-IV and V under Level Jumping Promotion Process for SMG Scale-IV and SMG Scale-V in Main Stream 2008-2009.

(3.) Additional affidavit has been filed by the petitioner, wherein it has been stated that the petitioner's juniors were promoted in this level jumping promotion to Scale-IV with effect from 01.01.2009 to Scale-V with effect from 04.05.2011 to Scale-VI with effect from 12.05.2013 and as Scale-VII from 01.07.2016.