RAMESH PRASAD MISHRA Vs. MAGADH GRAMIN BANK

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the Magadh Gramin Bank.

(2.) Petitioners at the relevant time were serving the Magadh Gramin Bank on the post of Officer Scale-I. During the pendency of this application Magadh Gramin Bank has been renamed as Madhya Bihar Gramin Bank (hereinafter referred to as the Bank). In C.W.J.C. No. 8709 of 2003, there are two petitioners. In C.W.J.C. No. 8710 of 2003, there are four petitioners, but the application is not pressed on behalf of petitioner No. 4.

(3.) In these writ, applications, petitioners have assailed order dated 12.8.2003, as contained in Annexure-2 series in both the writ applications, whereunder they have been restrained from appearing in the written examination conducted for promotion on the post of Officer Scale II on the ground that on the cut off date i.e. 1.4.2003, petitioners were under cloud of punishment, which was imposed on petitioner Ramesh Prasad Mishra under order dated 8.3.2002, Rajeev Nayan Prasad under order dated 6.3.2002, Md. Ataur Rahman under order dated 1.8.2000, Midhat Karim Khan under order dated 5.12.2000 and Saryu Mistry under order dated 9.5.2001 and having not come out of the cloud, they could not have appeared in the written examination for promotion in the light of the guidelines issued by the Sponsor Bank contained in letters dated 1.12.1987 and 27.2.1999 and subsequent clarification made under letter dated 21.12.2002, Annexure-B to the counter affidavit filed on behalf of the Respondents, which, inter alia, provides that officers under cloud of punishment order than one reprimand/censure are not to appear for five years in the written examination for promotion. Punishment is imposed on the employees of the Bank in the light of the provisions contained in Rule 38 of the Magadh Gramin Bank (Officer and Employee) Service Regulations, which, inter alia, provides for imposition of minor and major penalties. Punishment imposed on the petitioners, as is evident from Annexure-2 series, was minor in nature. Petitioners had also challenged the punishment imposed on them by filing appeal. The appellate authority, in the case of petitioner Ramesh Prasad Mishra, modified the punishment imposed to punishment of censure under orders dated 26.7.2005. In the case of petitioner No. 2, Rajeev Nayan Prasad, punishment was modified to warning under order dated 12.2.2005, Annexure-7. In C.W.J.C. No. 8710 of 2003, punishment of petitioner No. 2, Midhat Karim Khan was modified to censure under order dated 27.7.2005, Annexure-11 to the Additional supplementary affidavit filed today and petitioner No. 3 Saryu Mistry was exonerated of the charge under orders dated July 26, 2005. Appeal filed by petitioner No. 1, Md. Ataur Rahman was dismissed, as he had accepted 1 his guilt. In the circumstances, his case for promotion has to be considered separately after passage of five years when he comes out of the cloud of punishment.