- (1.) The present appeal filed under Clause X of the Letters Patent is directed against the order dated 23.3.2011 passed by learned Single Judge whereby the writ petition (CWP 44 of 2008) preferred by the respondent, claiming mandamus to direct the appellants to consider and promote him from Clerical cadre to Officers Scale-1 cadre with effect from the date his juniors have been promoted, had been allowed by making the interim order dated 28.1.2011 as absolute and with a direction to the appellant Bank to consider his case for promotion with effect from the date his juniors were promoted. He was also held entitled to all the consequential benefits. Needful was ordered to be done within a period of four months from the date of receipt of certified copy of the order.
(2.) In his writ petition, the respondent had averred that he was working in the Punjab Gramin Bank (hereinafter referred to as "the appellant Bank") and posted at its branch office at Amritsar as Clerk-cum-Cashier. Earlier the bank used to work under the name of "Gurdaspur- Amritsar Kshetria Gramin Vikas Bank" with its head office at Tibri road, Gurdaspur. Later-on, it was amalgamated with two other banks at Kapurthala. While the respondent was working at Gurdaspur-Amritsar Kshetriya Gramin Vikas Bank and posted at Branch Office, Saidpur, he was informed vide letter dated 12.10.2000 that his name fell within the consideration zone for promotion from Clerical cadre to Officer Scale-1 cadre. Accordingly, he was advised to attend the interview on 2.11.2000. The respondent appeared for interview and vide letter dated 30.4.2001, he was informed that his name for promotion from Clerical cadre to Officer Scale-1 cadre had been approved by the Board of Directors. Meanwhile, he was served with a charge sheet dated 3.4.2001. On account of the same, his promotion as Scale-1 Officer was deferred whereas all other persons, including his juniors upto serial No. 19, as mentioned in the list of eligible employees, were promoted and given posting and benefits were also given to them with effect from 2.11.2000 i.e. the date of interview. Regular departmental enquiry was conducted in respect of the charges levelled against the respondent. Vide letter dated 4.1.2003 passed by the Chairman of Gurdaspur- Amritsar Kshetriya Gramin Vikas Bank, he was informed that charges levelled against him could not be proved and consequently, he was exonerated of the same. Despite the fact that he stood exonerated from all the charges and his name had already been approved by the Board of Directors for promotion to Officer Scale-I cadre, the respondent was not promoted. He then made representations dated 15.1.2003 and 7.2.2003 that he be granted promotion with retrospective effect but no action was taken upon the same. Before he could submit 3rd representation on 10.5.2003, he was served with another charge sheet dated 19.4.2003. The charges levelled in the said charge sheet had absolutely no concern or connection with the relevant period for considering his case for promotion which had already been approved by the Board of Directors vide letter dated 30.4.2001. He, however, stated that on the basis of charge sheet dated 19.4.2003, punishment of reduction of pay to next lower of two stages had been imposed upon him vide order dated 8.9.2004. His representation dated 10.5.2003 was, thereafter, addressed by General Manager of the bank who, vide letter dated 15.7.2003 informed him that his representations were placed before the Board of Directors in its meeting dated 28.6.2003 whereby the Board decided to put up the matter for consideration alongwith the decision of DAC case pending against him. Although the other matter which was initiated against the respondent had also been decided even then the matter was not considered by the Board of Directors. The respondent kept on repeatedly representing to grant him the promotion but no action was taken by the appellants thereupon. However, vide letter dated 27.9.2004 he was simply informed that his representations would be put up before the Board for consideration and the decision taken thereupon conveyed to him. Accordingly, by knocking the doors of this Court, he prayed for issuance of direction to the appellant Bank to promote him from Clerical cadre to Officer Scale-1 cadre with effect from the date his juniors had been promoted and to grant him other reliefs to which he was entitled to.
(3.) The writ petition was resisted by the appellants on the grounds that in the subsequent charge sheet dated 9.4.2003 which was served upon him, the respondent had been held guilty and punishment of stoppage of two annual increments had been imposed and therefore, he was not entitled for promotion to Officers Scale-1 cadre.;