UMESH PRASAD SINGH Vs. MUNGHYR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) IN the first writ petition (C.W.J.C. No. 8857/97) the prayer is to issue writ of mandamus or any other appropriate writ, order or directions commanding the respondents to pay all consequential promotional benefits to the petitioner with effect from 4.12.1987 and to pay the present scale of Senior Manager pursuant to promotion given under the direction of this Court in C.W.J.C.No. 78 of 1989, and in the second writ petition (C.W.J.C. No. 9884/97) the prayer is to quash the order, contained in letter No. HC/VIG/DA/07/97 dated 7.10.1997 (Annexure 5) purporting to suspend the petitioner in contemplation of a disciplinary proceeding for alleged unauthorised withdrawal of Rs. 1,15,830/ -from Sundry Debtor Account of Beldour Branch, which, according to the respon -dent -Bank, tantamounts to criminal breach of trust.

(2.) SINCE fate of the first writ petition may have some bearing for consideration of the relief sought for in the second writ petition, they have been heard together for final disposal, as agreed, and are being disposed of by this common judgment/order.

(3.) HOWEVER , it is alleged that the respondent - Bank wilfully disobeyed the judgment and denied promotion to the petitioner, whereafter he (petitioner) preferred contempt application bearing M.J.C. No. 1100 of 1996 before this Court. The respondents thereafter granted promotion to the petitioner with effect from 4.12.1987, vide order dated 12.9.1996 (Annexure -2) with clear stipulation that all consequential promotional benefits will be given by the Bank separately.