SH R P SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays that the Punjab National Bank be directed to promote him with effect from February 10, 1983 and that the order passed by the Chairman and Managing Director by which his appeal was rejected (Annexure P.12) be set aside.

(2.) The facts relevant for the consideration of this prayer may be briefly noticed. The petitioner was working in the Middle Management Grade Scale-II with the respondent-Bank. On February 10, 1983, he was interviewed by the Selection Committee which met to consider the cases of various officers for promotion to Senior Management Grade Scale-IV. The petitioner was not selected. In accordance with the provisions of the Rules governing his conditions of service, he filed an appeal. Vide letter dated September 20, 1986, the petitioner was informed that "you were not considered fit for promotion to Scale IV during the selection by the Interview Committee headed by the C&M.D. (Chairman and Managing Director) himself who is also the appellate authority in terms of promotion policy. Consequently, his appeal was rejected. Aggrieved by this order, the petitioner submitted a representation which was rejected vide order dated May 10, 1989. The petitioner filed Civil Writ Petition No. 10278 of 1989. In pursuance to the directions given by this Court, the petitioner's appeal was again processed. It was rejected. The decision was conveyed to him vide letter dated March 29, 1990. The petitioner again filed C.W.P. No. 16751 of 1990. It was decided vide order dated August 29, 1991. It was disposed of with a direction "to the respondents that the appeal filed by the petitioner on 20.5.1983 shall be considered by a Committee to be constituted by the Chairman and the Managing Director, Punjab National Bank, New Delhi afresh and decided after hearing the petitioner within a period of three months." The Committee was accordingly constituted. The petitioner was given a personal hearing. Vide order dated November 28, 1991, the Chairman and Managing Director has dismissed the appeal. Aggrieved by this order, the petitioner has again approached this Court through the present writ petition.

(3.) A short written statement has been filed averring inter-alia that the petitioner has no cause of action which may be remediable by resorting to the present proceedings.