IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3956 of 2006 SITA RAM SINGH Versus THE UNION OF INDIA & ORS ----------- For the Union Bank of India : Ambuj Nayan Chaubey, C.G.C. ----------- 3 07.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner wants a direction upon the respondents C.I.S.F. granting him benefit of promotion under the ACP scheme issued by the Government of India on 12.2.2001. According to him in terms of the scheme he is entitled and assured career progression on promotion after 12 years of service. Contention of learned counsel for the petitioner is that his client has served the organization for almost 23 years but he has not earned any promotion in the meanwhile after coming of the scheme in 2001. The respondents, therefore, were directed to file a counter affidavit and explain the situation. They have categorically stated in the counter affidavit that it is not a case where the claim of the petitioner has been ignored. The petitioner’s case has been considered four times as would be evident from perusal of paragraph no.10 of the counter affidavit. On none of the occasion the 2 petitioner could meet the bench mark. In fact on certain occasions he was not even eligible because he had voluntarily given up the option given to him to undergo the PCC training. They have annexed the refusal of the petitioner along with counter affidavit in support of the stand Not only this they have also stated in paragraph no.6 and given details of the various punishments which the petitioner has suffered starting from the year 1986 and ending with year 2002. There is no denial of these basic facts by the petitioner. In view of the same, the court comes to an opinion that the respondents have not been unreasonable or arbitrary in not granting him promotion under the ACP scheme since he never fulfilled the criteria. The present predicament of the petitioner is his own creation which is reflected from the service record. There is no merit in the writ application, it is dismissed accordingly. Rajeev/ (Ajay Kumar Tripathi, J.)