SUBHASH KUMARVERMA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THIS application has been filed for quashing the merit list of the candidates selected for promotion from Clerical Cadre to Officer Cadre (Junior Management Scale -1). Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to promote the petitioner to the Officer Cadre (Junior Management Scale -I).

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner besides respondents 4 and 5 and other employees of the United Bank of India, working in the Clerical Cadre were considered for promotion in the Clerical Cadre were considered for promotion in the officer cadre according to the promotion policy dated 7th of November, 1996. Clause 23 of the promotion policy dated 7th of November, 1996 contemplates constitution of an interview board. Clause 23 which is relevant for the purpose reads as follows: "The interview board will consist of 3 officerstwo from the Bank not below the rank of Scale -IV and one from B.S.R.B. or other nationalised Banks. The Board for interviewing the candidates appearing against reserved category of posts for SC/ST will include a member belonging to SC/ST community as nominated by the bank who will replace one official of the Bank in the Board." The interview board consisted of the following three members: 1. Shri Arun Kumar, Chief Regional Manager, C.R.M. Office, Abhay Bhavan, Frazer Road, Patna, Scale V Officer. 2. Shir Laxman Ram, Branch Manager, United Bank of India, Hatia Branch, Ranchi, Scale -Ill Officer.

(3.) COUNTER affidavit has been filed on behalf of the respondents and in paragraph 7 thereof it has been stated that as there was no scheduled caste or scheduled tribe officer available in Scale -IV, the Bank had no option but to select a senior Scheduled Caste Officer of Scale -Ill. It has been further averred that the period of disqualification of respondent no. 5 has already come to an end and hence there was no impediment in his way for promotion to the higher post.