- (1.) In this writ petition the petitioner has challenged the order of punishment dated 1.10.81 (Annex. 4), the order of the appellate authority dated 16.11.81 (Annex. 5), Circular dated 28.5.81 (Aunex.8) and remarks made in the seniority list (Annex. 9). He has prayed that the enquiry proceedings held against him, the impugned orders, the Circular and the remarks made in the seniority list be quashed and the respondent Bank be directed not to prevent him from appearing in the test and the interview for promotion to officers' cadre.
(2.) Petitioner joined service of the Union Bank of India (for short 'respondent Bank') on 17.12.74 as a Clerk. In the year 1980 the petitioner was working at Bharatpur Branch of the respondent Bank and there he was staff representative. A Memorandum dated, 16.10.80 was served on the petitioner by the Superintendent of the Department of Personnel of the respondent Bank for a departmental enquiry. Four charges of gross mis-conduct and another two of minor misconduct were levelled against the petitioner. It was also ordered that Shri L.C. Sharma, Personnel Officer, Zonal Office, Ahmedabad will hold an enquiry. Another Memoramdum dated, 8.12.80 was also served on the petitioner in which two charges of gross misconduct and two charges of minor misconduct were levelled against him. Shri L.C. Sharma who was appointed as Enquiry Officer, conducted enquiry in respect of all the charges. Four witnesses were examined on behalf of the Bank and the petitioner made his own statement. The petitioner filed his written brief at the end of the inquiry. Thereafter, the Enquiry Officer recorded his findings on various charges and proposed penalty of stoppage of four grade increments with cumulative effect as also punishment of warning. Petitioner made his submissions against the proposed punishment and the Enquiry Officer passed order dated 1.10.81 imposing a penalty of stoppage of two grade increments with cumulative effect and warning. Petitioner filed an appeal dated 16.11.81 against the order of punishment. Appellate Authority dismissed the appeal of the petitioner and its decision was communicated to the petitioner by the Superintendent, Department of Personnel, vide his letter dated 25.3.82.
(3.) A test for promotion to the Officers' cadre from amongst the members of the Clerical cadre was proposed to be held in the month of February 1982. The petitioner submitted his application for being considered for promotion. Respondent Bank rejected his candidature vide letter dated, 2.1.82 on the ground that in view of the punishment imposed on him vide order dated 1.10.81, he is not eligible for appearing in the test and interview as per Clause-2.1 (c) of promotion agreement. Prior to this, Bank had issued a seniority list (Annex. 9). Therein, the petitioner's name came to be shown at serial No. 39 and against his name following remark had been entered 'bar for two years w.e.f. 1.10.81'.;