Back
2021 Supreme(Jhk) 393
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan, J.
Arun Kumar Sinha - Petitioner
Versus
The Vananchal Gramin Bank, through Chairman and ors. – Respondents
W.P.(S) No. 2422 of 2011
Decided On : 09-09-2021
Advocate Appeared:
For the Petitioner:Mr. Saurav Arun, Advocate
For the Respondent:Mr. Nipun Bakshi, Advocate
Headnote:
Constitution of India, 1950 – Article 226 – Working as Branch Manager - Promotion - Prayed to shift date of promotion from to as junior - Writ application has been preferred by petitioner praying therein for quashing of letter issued by Respondent whereby decision has been taken not to give effect or open sealed cover in respect of promotion of petitioner as departmental proceeding against petitioner ended with imposition of penalty - During pendency of case, petitioner was promoted as such by way of amendment application he also prayed to shift date of promotion from to as junior to petitioner got promoted on I.A. was allowed - Whether Debarment Policy will be applicable in case of employees of bank where petitioner was employed– Held, Debarment policy is also applicable to employees of Bank prior to merger - However, is unable to show any document in support of his contention that Debarment Policy was operative when case of petitioner was taken into consideration for promotion by DPC - Court is of view that action of respondent bank in not giving promotion to petitioner after period during which order of punishment of recovery of is given effect to, by recovering amount in three equal instalments, amounts to punishing petitioner twice for same offence as it has been held in a catena of judgments that for not giving promotion to any employee on ground that punishment has been imposed upon him with respect to any offence amounts to punishing petitioner twice for same offence - Needless to say that since matter is very old, all consequential benefits in accordance with law, rules, regulations of Bank shall be extended to petitioner within a period of four months from date of receipt/production of a copy of Court order - writ Application Allowed Disposed of.
JUDGMENT :
Heard learned counsel for the parties through V.C.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the letter dated 17.08.2007 (Annexure-7) issued by Respondent No.2 whereby the decision has been taken not to give effect or open sealed cover in respect of the promotion of the petitioner as departmental proceeding against this petitioner ended with imposition of penalty.
During pendency of this case, the petitioner was promoted w.e.f. 09.10.2012; as such by way of amendment application he also prayed to shift the date of promotion from 09.10.2012 to 07.03.2005; as the junior to the petitioner got promoted on 07.03.2005. The said I.A. No. 6869 of 2018 was allowed.
3. The facts of the case lie in a narrow compass. While the petitioner was working as Branch Manager at Ataula under the respondent Bank, a departmental proceeding was initiated against the petitioner for the period when the petitioner was posted at Deori Cement factory Branch. Charges have been levelled against him for not fulfilling the norms of the Bank and for that the Bank has suffered a loss. In the departmental proceeding the petitioner appeared and final order was passed on 25.6.2005 imposing a punishment of recovery of Rs.20,000/- for the loss caused to the Bank.
However, prior to the aforesaid punishment order, a seniority list was prepared by the respondent Bank on 29.11.2004 in which the petitioner was placed at serial No.15. On 18.12.2004, a circular was issued for promotion from Junior Manager Grade I to Middle Manager Grade II, and number of posts have been shown to be vacant to which promotions were to be granted and written examination was to be held on 23.01.2005 and in the said circular it was also stated that all those who fulfills the requisite qualification can apply.
Subsequently, on 07.03.2005 a letter was issued which contained the names of the employees who appeared and found successful in the written examination conducted for promotion and in the said list, the name of this petitioner stood at serial no. 1 under the heading of list of candidates who qualified in the written test for promotion to Middle Manager, Grade II. Consequently, on 21.4.2005 promotion was given to several other employees, however it has been stated that those persons against whom Departmental Proceeding was initiated or likely to be initiated, their case has been withheld. Thereafter, the respondent Bank also took a decision to open the sealed cover in cases where the departmental proceeding comes to an end and accordingly, two persons were promoted; however, against whom punishment has been imposed and recovery has been made from the delinquent, their cases were not considered.
The grievance of the petitioner is that from the impugned order itself it transpires that the decision taken with respect to promotion of the petitioner was kept in a sealed cover. However, it was stated by the General Manager of the Bank that the appointing authority has decided not to give effect to the decision kept in the Sealed Cover, as the departmental proceeding ended with the imposition of penalty.
4. Mr. Saurav Arun, learned counsel for the petitioner submits that this decision of the Bank that Sealed Cover will not be opened even after imposition of penalty is not in accordance with law. He further submits that non-opening of the Sealed Cover is against the settled law as held in the case of Union of India & Ors Vs. K.V. Jankiraman & Ors. reported in AIR 1991 SC Page 2010 where the guidelines has been laid down for the respondents to follow the procedure of Sealed Cover.
He contended that the procedure of Sealed Cover has been well elaborated in the aforesaid case and a General Manager cannot override the decision of the Departmental Promotion Committee, who has purposefully kept the case of the petitioner in Sealed Cover. Relying upon the aforesaid judgment he submits that the petitioner becomes eligible for promotion in the year
