Arun Kumar Mitra, J. - (1.) By order dated 29th July, 2003 this Court directed the matter being W.P. No. 8974(W) of 1998 to be heard along with C.O. No. 10836(W) of 1990. It appears from record that C.O. No. 10836(W) of 1990 stood dismissed for default by an order dated 18/06/2002 passed by Hon'ble Justice D.P. Kundu (As His Lordship then was,. The petitioner is same in both the writ petitions. In the first writ petition that is writ petition being C.O. No. 10836(W) of 1990 the prayers were as follows:- (a) A Rule in the nature of Mandamus commanding the respondents to set aside cancel and rescind the charge-sheet dated 16.10.87. Finding of the Enquiry Officer dated 1.8.88 and final order dated 26.8.88 which are annexure 'A', 'D' and 'E' to this application. (b) Writ in the nature of Certiorari calling upon the respondents to transmit the entire records of the case forming the basis of issuance of the charge-sheet, copy of the proceeding of enquiry, finding of the Enquiry Officer and the Final Order of the disciplinary authority to this Hon'ble Court and certify them and on being certified, quash the same.
(2.) In the first writ petition the petitioner challenged the disciplinary proceeding initiated against him and the punishment awarded to the petitioner but the said matter stood dismissed for default ultimately, as observed above. In that view of the matter the punishment stands.
(3.) Now, the next matter that is W.P. No. 8974(W) of 1998 comes in. In this matter the petitioner prays for quashing of the seniority list and to grant him promotion on the basis of fresh seniority list on fixation of seniority of the petitioner w.e.f., the date of his joining in the service as Officer-in- Charge of the Branch of the Bank on ad-hoc post on 30th August, 1983 and to pay all benefit of such posting. BACKGROUND ;