Judgment

R.C. Lahoti, J.-Degala Suryana­rayana, the respondent has been in the employment of the Bank of India, the appellant. In the year 1981 he was working in Middle Manage­ment Grade-II and was due for pro­motion. On 16.4.1981 the appellant made a complaint against the respondent to the CBI alleging certain misappropriations. While the complaint was under investigation the respondent was interviewed for promotion in the year 1981-82. The result of the interview was withheld on the ground of pendency of criminal proceedings against him. In 1983, two criminal cases were filed by the CBI implicating the respondent before a Special Court at Visakhapatnam. In the year 1987, he was again considered for promotion. However, he was informed that though he was found fit for promotion with effect from 1.1.1986, the finding of the promotion committee was not being given effect to on account of the pendency of the criminal cases. The criminal cases ended on 17.8.1988 favourably to the respondent acquitting him of the offences charged. However, the order of promotion was not issued.

2. In the year 1990, CWP No. 17490/90 was filed by the respondent seeking relief of the order of promotion bein