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1997 Supreme(SC) 793

D.P.WADHWA, K.RAMASWAMY
Kashinath Kher – Appellant
Versus
Dinesh Kumar Bhagat – Respondent


ORDER

These contempt petitions have been filed for non-compliance of the judgment of this Court in State Bank of India & Ors. v. Kashinath Kher & Ors.1. The substratum of the complaint of the petitioners is that despite specific directions given and positive observations made in the judgment, the respondents have not implemented the judgment in its true spirit and purport. On the other hand, they have put up the same interpretation of the provisions set up prior to the judgment as an excuse in promoting the officers, violating the judgment. Shri Shanti Bhushan, learned senior counsel appearing for the respondents, has stated that for the purpose of promotion from MMG Scale IIII to MMG Scale II and so on, as per the norms, five years confidential reports and six years appraisal reports are necessarily to be taken into consideration. Recording the C.Rs. after a lapse of 15 years would be an impossible task since the officers who had observed the conduct of the officers to be promoted would either have retired or would not be available. In that back drop, he had advised the contemners to go by the existing reports and to consider them in accordance with the Rules for the promotion;





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