- (1.) Heard Shri Prabodh Gaur, learned counsel for the petitioner and Km. Manisha Ambwani holding brief of Shri Navin Sinha learned Senior Counsel appearing for the respondents.
(2.) By this writ petition the petitioner who has been working as an Officer in the Bank (Middle Management Grade Scale-Ill) has challenged the punishment order dated 11.8.1986 and the orders rejecting the appeal and review as well as the order dated 21.11.1983 by which the petitioner's recommendation regarding suitability for promotion were kept under the sealed cover. A mandamus has also been prayed for claiming a direction to the respondents to promote the petitioner w.e.f. 1.8.1982 to Senior Management Grade, Scale-IV with all consequential benefits.
(3.) Brief facts of the case necessary to be noted for deciding the issues raised in the writ petition are: The petitioner joined the service of the State Bank of India in the year 1959. He was promoted to Staff Officer, Grade-Ill w.e.f. 1.8.1977. The next promotional post was the post of Senior Management Grade, Scale-IV. The petitioner was posted as Branch Manager, Deoria during the period 7.8.1981 to 9.7.1983. Certain complaints were received against the petitioner. A preliminary fact finding inquiry was conducted by the Bank and a show cause notice was issued to the petitioner on 25.7.1983 which was replied by the petitioner. The disciplinary authority being not satisfied with the reply took a decision on 10.11.1983 in writing for initiating major penalty proceeding against the petitioner in terms of State Bank of India (Supervising Staff) Service Rules. The Departmental Promotion Committee met on 21.11.1983 to consider the petitioner for promotion in Grade Scale-IV w.e.f. 1.8.1982, the recommendation regarding the petitioner were kept in the sealed cover. The petitioner was thereafter served with a charge- sheet dated 4.4.1984. The petitioner replied to the charges. Disciplinary proceedings were held and the Inquiry Officer submitted the inquiry report holding all the charges as mentioned in various paragraphs of statement of imputations of misconduct, except those mentioned in Para 1(i) and 1(ii) to be proved. A note was put up before the disciplinary authority and the disciplinary authority vide order dated 11.8.1986 awarded the penalty of reduction of 2 stages in the scale of pay of the petitioner. Petitioner filed an appeal against the said order which appeal was also rejected vide order dated 27.8.1991 by the appellate authority. Petitioner submitted a review petition. The review committee considered the review petition of the petitioner and vide it proceedings dated 8.7.1993 decided to reject the review petition. Petitioner being aggrieved by the aforesaid actions has come up before this Court by filing this writ petition praying for the following reliefs: (i) to issue a writ or certiorari, order or direction in the nature of certiorari calling for the record of the case and quashing the impugned order of penalty dated. 11.8.1986 as contained in Annexure XII and the orders dated 27.8.1991 and 8.7.1993 passed on the petitioner's appeal and Review Petition as contained in Annexure No. XIII and XVI respectively. (ii) to issue a writ or certiorari, order or direction in the nature of certiorari calling for the record of the case and quashing the order dated 21.11.1983 (Annexure No. VII) in so far as it relates to the placing of the findings in regard to the suitability of the petitioner under sealed cover. (iii) to issue a writ or certiorari, order or direction in the nature of certiorari calling for the record of the case and quashing the order dated 8.4.1988 as contained in (Annexure No. XXXIV). (iv) to issue a writ of mandamus, order or direction in the nature of mandamus commanding the respondents to promote the petitioner forthwith w.e.f. 1.8.1982 to Senior Management Grade, Scale-IV with all consequential benefits.;