Aloke Chakrabarti, J. - (1.) THE writ petition was filed by the petitioner for quashing the order dated 5.9.97 at Annexure -6 to the writ petition whereby the respondents refused to decide the appeal filed by the petitioner regarding his grievances against refusal of promotion to cadre known as JMGS -I. On the ground that the policy prevailing in the bank does not contain any provision for appeal. The learned counsel for the petitioner referred to Annexures -4 and 5 to the writ petition and contended that the provision of appeal permissible under the circular dated 21.3.97 has not been taken away by the amendment incorporated by the circular dated 4.9.97. Shri J.N. Tiwari, learned counsel for the respondents advanced arguments. Counter affidavit has not been filed inspite of opportunity granted. Thereafter time was also granted for taking instructions and the parties have agreed to final disposal of the writ petition at this stage. The contention of the learned counsel for the respondents is that the relevant policy dated 28.6.94 does not provide any appeal and therefore the said two circulars at Annexures -4 and 5 of the writ petition do not widen the scope for preferring an appeal.
(2.) AFTER considering the respective contention of the parties and perusing the aforesaid two circulars dated 21.3.97 and 4.9.97 I find that the circular dated 21.3.97 has the title as follows: - - The appellate authority to consider the appeals against non -promotion. The body of the said circular also provides that consequent upon the revision in delegation of powers in respect of appointing authority and promoting authority as circulated vide circular dated 7.3.96, a need was felt to revise the authority structure for considering the appeals against non -promotion. The chart contained in the said circular makes it clear that in respect of promotion to cadre JMGS -I the appropriate appellate authority is Chief General Manager. The said circular also makes it clear that there being no provision for appeal against non -promotion in the cadre of the SMGS -V and above, an officer aggrieved by the decision of the promotion committee may make representation for review of its decision to the respective committee. The note appended to the said circular also shows that the appellate authority to consider the appeal against non -promotion. The aforesaid materials clearly indicate that there is provision for appeals against non -promotions and the authority structure was revised in respect of some cadres and in case no appeal was there, representations were made available.
(3.) THE said circular dated 4.9.1997 as contained in Annexure -5 to the writ petition makes it clear that the same was mere amendment of the earlier circular dated 21.3.97. As the cadre JMGS -I has not been referred in the said circular dated 4.9.97, the said amendment, in my opinion, did not affect the provision contained in the earlier circular dated 21.3.97.;