AMITABH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appeal is directed against the order of the learned Single Judge dated 6.07.2007 dismissing the writ petition filed by the writ petitioner -appellant. The writ petitioner -appellant is a Bank employee in the Scale -ll and had been posted as Dy. Manager in the Zonal Office of the State Bank of India at Bhagalpur. The petitioner has been rated 'Excellent ' in the Annual Appraisal Report for the period 1992 -93, but has been rated 'good ' for the succeeding year 1993 -94. In 1994 -95 & 1995 -96, he has again been rated as 'Excellent '. An 'Excellent ' remark is weighed at 100/100 and a 'good ' remark is weighed at 50/100. Since for the purpose of promotion, preceding three years ' Annual Appraisal Reports are to be considered and the promotion being on merit, the petitioner 'scase on merit went down in order because of difference of the three years ' Annual Appraisal Reports for he had one 'Good ' and two 'Excellent ' remarks which gave him 250 marks out of 300 marks.

(3.) IN these circumstances the petitioner had filed the writ petition being CWJC No. 5543/2002 stating that grading the petitioner as 'Good ' was an adverse remark for him and as such should have been communicated to him. The grading of 'Good ' has been taken into consideration while considering his case for promotion. Hence, promotion exercise was vitiated because of taking into consideration the uncommunicated adverse remarks.