JUDGMENT

Kapadia, J.-This appeal by special leave is filed by the Reserve Bank of India against the judgment and order of the High Court of Rajasthan, Bench at Jaipur dated 12.12.2001 directing the appellant to consider respondent No.1 for promotion to grade-D ignoring the fact that a high power Selection Board presided by a retired Judge of the Bombay High Court had found the respondent unsuitable for selection to the said grade.

2. The facts giving rise to this appeal are as follows.

On 1.10.1988, the Currency Officer of the appellant asked respondent No.1 who was Assistant Currency Officer in Grade-C to look after, on 3.10.1988, the duties of M.S. Janagal, Assistant Currency Officer (Grade-B), who had proceeded suddenly on causal leave. It is the case of the appellant that respondent No.1 herein refused to comply with the orders of the currency officer stating that he cannot be asked to discharge the functions of Grade-B officer. Accordingly, the said respondent was charge-sheeted on 1.12.1989 for insubordination under regulation 32 of the Reserve Bank of India (Staff) Regulations, 1948 (hereinafter referred to as "the said regulations"). In the preliminary enquiry preceding the ch