JUDGMENT

1) The petitioner, through the medium of present petition, has challenged decision of the respondents whereby the period of his suspension has been treated as not part of his actual service. This has been done under the garb of order dated 20th December, 2019, which provides that the period during which the petitioner has remained under suspension shall not be treated as period spent on duty but shall qualify for leaves, increments and retirement benefits. A further direction commanding the respondents to allow the petitioner to participate in the process initiated for promotion to the post of Assistant Manager under Seniority-cum-Normal/Screening Channel, as notified vide Circular id 1587 dated September 21, 2023, has also been sought.

2) The facts emanating from the pleadings of the parties are that the petitioner was appointed as Banking Associate on contractual basis in the year 2013 for a period of two years and pursuant to completion of two years of contractual term, his services were regularized with effect from 17.12.2018 vide Circlar id No.6844 dated January 2, 2016 issued by the respondent-Bank. Upon successful completion of six months’ probation, the services of the petitioner were confirmed in terms of Circular id 7791 dated 25th November, 2016.

3) It seems that vide Circular id 9993 dated 22nd October, 2018, the petitioner was placed under suspension pending disciplinary proceedings, whereafter he was served with a charge sheet relating to gross misconduct and minor misconduct. After holding an enquiry, the Enquiry Officer submitted his report before the Disciplinary Authority. Vide order dated 20.12.2019, issued by the Disciplinary Authority, penalty of withholding of one future increment of the petitioner for a period of six months was imposed and he was also warned to be extra cautious in future in discharge of his duties.

4) After imposition of the aforesaid minor penalty, the petitioner was reinstated in service in terms of the impugned order dated 20th December, 2019. While reinstating the petitioner in service, the Disciplinary Authority has ordered that the period, during which the petitioner has remained under suspension, shall not be treated as the period spent on duty but shall qualify for leaves increments and retirement benefits.

5) It seems that vide Circular id 15876 dated 21st September, 2023, the respondent-Bank initiated the process for promotion from Banking Associates to Assistant Manager cadre and the employees of the Bank were asked to submit their willingness through People System as per the schedule notified. As per the eligibility criteria for promotion to the post of Assistant Manager under Seniority-cum-Normal/Screening Channel, an employee has to possess seven years regular service as Banking Associate.

6) The petitioner is stated to have submitted his willingness through People System. However, he was shown to be eligible only under Fasttrack-cum-Merit Channel and not under Seniority-cum-Normal/Screening Channel. When the petitioner approached the respondents, he was informed that because the period of his suspension has not to be treated as the period spent on duty, therefore, the same has to be excluded for the purpose of counting his regular service as Banking Associate. Thus, he was held to be ineligible for promotion to the post of Assistant Manager under Seniority-cum-Normal/Screening Channel.

7) The petitioner has challenged the impugned action of the respondents on the grounds that the same is illegal and unconstitutional as the same amounts to break in his service, which is not countenanced by law. According to the petitioner, the effect of treating his period of suspension as period not spent on duty is that he would not be entitled to back wages and nothing more. It has been contended that the said period cannot be excluded for the purpose of seniority and promotion as the same would be without any logic and would amount to imposition of s