Judgment

S. P. KURDUKAR, J.

( 1 ) THE first appellant is a nationalized bank incorporated under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, (for short the Act ). The service conditions of its officers/employees are governed by Regulations framed under the powers delegated under Section 19 of the Act. The disciplinary proceedings for various acts of breach by its officers/employees are regulated by Union Bank of India Officers Employees (Discipline and Appeal) Regulations, 1976, (for short the Regulations ).

( 2 ) THE respondent was initially recruited in the services of the Bank as a Clerk. Incidentally, it may be stated that in 1974, an inquiry was conducted in regard to certain acts of misconduct and irregularities committed by him and upon such findings by the Inquiry Officer, he was dismissed from service, but, however, on his representations, he was reinstated on humanitarian grounds in 1982 pursuant to the order passed by the Managing Director.

( 3 ) ON reinstatement, the respondent came within the zone of consideration for promotion. He accordingly participated in the promotion process held in 1982-83 and was empanelled in 1984 for promotion. He