Advocates:
['GARY MUKHOPADHAYAY', 'A G', 'JITENDRA SHRIVASTAVA', 'UTTARA SHRIVASTAVAPANKAJ CHAUDHARY']

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NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1966 of 2021

Umashankar Tiwari S/o Late Shri Aakharam Tiwari Aged About 56 Years

Working As Assistant Accountant, District Cooperative Central Bank, Branch

Nawagarh, District Mungeli Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of

Cooperative Societies, Mahanadi Bhawan, Nava Raipur, District Raipur

Chhattisgarh.

2.

District Cooperative Central Bank Maryadit Bilaspur, Through Its Chief

Executive Officer, District Cooperative Central Bank Maryadit, Bilaspur,

Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh.

3.

Chief Executive Officer District Cooperative Central Bank Maryadit,

Bilaspur, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents

For Petitioner

:

Mr. Gary Mukhopadhyay, Advocate

For State

:

Mr. Alok Buxy, Addl. Advocate General

For Respondents No. 2 & 3

:

Mr. Jitendra Shrivastava, Advocate on

behalf of Mr. Prafull N. Bharat, Adv.

Hon'ble Shri Justice P. Sam Koshy

Order on Board

08/04/2021

1.

The grievance of the petitioner in the present writ petition is only to the

extent of inaction on the part of the respondents in not opening the

recommendation of the DPC pertaining to the petitioner in-respect-of

the promotion from the post of Assistant Accountant to the post of

Branch Manager.

2.

According to the petitioner, the recommendation of the DPC has been

placed in a seal cover in view of a departmental enquiry which was

pending against the petitioner and the departmental enquiry now has

got completed and the Enquiry Officer has submitted his report

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exonerating the petitioner from the charges leveled against him. That

the Enquiry report was submitted as early as in the year 2018, therefore

it is presumed that the disciplinary authority has also accepted the

verdict of the Enquiry Officer. In the said circumstances, the seal cover

in-respect-of the DPC pertaining to the petitioner should be opened.

3. Accordingly, the writ petition at this juncture can be disposed off

directing the respondents No. 2 & 3 to take immediate step in

accordance with Rules governing the field so far as opening of seal

cover pertaining to the recommendation made by the DPC held on

16.11.2017 dealing with the petitioner in-respect-of promotion from the

post of Assistant Accountant to the post of Branch Manager is

concerned. Let a decision be taken in this regard by the authorities at

the earliest preferably within a period of 90 days from the date of receipt

of copy of this order.

4.

With the aforesaid observation, the writ petition accordingly stands

disposed of.

Sd/-

(P. Sam Koshy)

Judge

Ved