SHAMIR SINGH DISTRICT MANAGER THE PUNJAB STATE COOPERATIVE AGRICULTURAL Vs. PUNJAB STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD

JUDGEMENT

(1.) IN this case respondents No. 2 to 5 namely Gurjit Singh, Babu Singh, Balwant Singh and Gur Bachan Singh filed writ petition Nos. 16916/1994 and 16030 of 1994 wherein promotion orders of the petitioner dated 15. 12. 1992 and 31. 8. 1994 were challenged. The aforesaid writ petitions were disposed of by a Division Bench of this Court vide judgment dated 24. 1. 1995. The operative portion from this judgment reads as under:" Since the petitioners were vitally affected they ought to have been heard. The third respondent is directed to dispose of the representation, Annexure P-15, expeditiously after hearing the petitioners and respondent No. 5 in accordance with law and preferably within three months from today. In the event the representation of petitioners, Annexure P-15 is allowed. it is needless to state that third respondent will review the orders, Annexure P-17 and P-18 and pass appropriate orders. If the representation is rejected Annexure P-17 and P-18 Will hold the field and it would be permissible for the petitioners to challenge the correctness thereof including the order to be passed on the representation, Annexure P-15. "

(2.) IN compliance of the above mentioned judgment dated 24. 1. 1995, the Managing Director of the respondent bank, after hearing the parties, passed order dated 21. 4. 1997. By this order, the representation of the respondents No. 2 to 5 was rejected and it was held that the petitioner (Shamir Singh) has rightly been allowed the promotion as Manager from deemed date on 83. 1979 and he has also been rightly promoted to the post of District Manager on 31. 8. 1994.

(3.) AGGRIEVED by the order dated 2. 12. 1996, the petitioner filed the suit for declaration to the effect that the order dated 2. 12. 1996 passed by the Managing Director of the respondent bank, reverting the plaintiff (petitioner) from the post of District Manager to the post of Manager was wholly illegal, arbitrary, null and void, non-est, malafide, without jurisdiction and without any authority of law and for grant of permanent injunction restraining the bank from giving effect to the impugned order. Alongwith the suit, the petitioner-plaintiff also filed an application Under Order 39 Rules 1 and 2 read with Section 151 CPC fro issuance of a temporary injunction restraining the defendant bank from giving effect to the reversion order dated 2. 12. 1996. The learnned trial court order dated 24. 12. 1996 granted ex-parte interim injunction restraining the defendant bank from giving effect to the order of reversion dated 2. 12. 1996 but after hearing the learned counsel of the parties, the ex-parte interim injunction was vacated by the learned trial Court vide order dated 12. 6. 1997. Aggrieved by the said order dated 12. 6. 1997, the petitioner-plaintiff filed an appeal before the' learned Additional District Judge, Chandigarh and on 13. 6. 1997 the operation of the order dated 12. 6. 1997 was stayed by the learned Additional District Judge. However, the appeal filed by the petitioner-plaintiff was dismissed on 22. 9. 1997 by the learned Additional District Judge, Chandigarh Against the said order dated 22. 9. 1997, the present petition has been filed by the petitioner-plaintiff.