IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10424 of 2009 LOKESH NARAYAN, SON OF SHRI SAROJ KUMAR SINGH, RESIDENT OF VILLAGE TARIPAR BIKRAM, P.S. BIKRAM, DISTRICT PATNA Versus 1. THE CHAIRMAN-CUM-MANAGING DIRECTOR, PUNJAB NATIONAL BANK, HEAD OFFICE-7, BHIKAIJI CAMA PLACE, AFRICA AVENUE, NEW DELHI. 2. THE GENRAL MANAGER, H.R.D.D., PUNJAB NATIONJAL BANK, HEAD OFFICE-7, BHIKAIJI CAMA PLACE, AFRICA AVENUE, NEW DELHI. 3. THE DEPUTY GENERAL MANAGER, H.R.D.D., ,PUNJAB NATIONAL BANK, HEAD OFFICE 7, BHIKAIJI CAMA PLACE, AFRICA AVENUE, NEW DELHI. 4. THE CIRCLE HEAD(ASSISTANT GENERAL MANAGER), PUNJAB NATIONAL BANK, BIHARSHARIF CIRCLE, RAMCHANDRAPUR, BIHARSHARIF. 5. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, BRANCH OFFICER NAGARNAUSHA, DISTRICT NALANDA. For the Petitioner : M/s Shivajee Pandey, Sr.Adv., S.C. Jha-3, Advocate. For the Bank : Mr. Sunil Kr. Singh, Advocate. ----------- 04. 19.05.2010. Heard learned counsel for the petitioner and the counsel for the Punjab National Bank(hereinafter referred to as the Bank). 2. Petitioner is serving the Bank as Clerk. It is submitted on his behalf that he appeared in the written test held for promotion on the post of JMG Scale-I held on 22.6.2008, result was published on 18.9.2008, which is contained in Annexure-5 to this application, perusal whereof would indicate that petitioner is placed at serial no.1 in the list meant for Biharsharif Circle of the Bank but before posting order in the light of result Annexure-5 could be issued petitioner was punished under orders dated 31.12.2008, Annexure-F to the counter affidavit bringing him down to lower stage in the scale of pay by two stages as per Clause-6(e) of the Bipartite Settlement dated - 2 - 10.4.2002 pursuant to charge sheet dated 17.7.2007. 3. It is further submitted on behalf of the petitioner that in the light of the circular of the Bank dated 30.10.1998, Annexure-A to the counter affidavit he is entitled for being considered for promotion after two years from the date of punishment. In this connection, reference is made to Clause-3(b) of the circular letter dated 30.10.1998. For ready reference Clause-3(b) of the circular letter dated 30.10.1998 is quoted hereinbelow : “An employee under suspension or against whom departmental enquiry for gross misconduct is pending or who has been charge sheeted for gross misconduct, can sit in the written test and interview but shall not be eligible for promotion till he is exonerated of the charge. If ultimately he is found to be not guilty of gross misconduct and has been approved for promotion, the bank shall promote the said employee from the date the said decision has been given by the Disciplinary Authority. In case of punishment being awarded for gross misconduct, he shall not be promoted and will not be eligible for being considered for promotion and officiating for 2 years from the date of punishment.” With reference to the aforesaid Clause-3(b) it is submitted that as the petitioner was awarded punishment for gross misconduct he may be eligible and considered for promotion after two years from the date of punishment. 4. It is also submitted on behalf of the petitioner that the effect of punishment imposed under order dated 31.12.2008 shall be over with effect from 1.1.2011 and the case of the petitioner - 3 - should be considered in the light of the result, Annexure-5 soon after he is out of the cloud, which is imposed on him on account of punishment order dated 31.12.2008 in the light of the provisions contained in Clause-3(b) of the circular letter dated 30.10.1998, Annexure-A to the counter affidavit. 5. Having heard counsel for the petitioner and the Bank, I direct the competent authority of the Bank to consider the case of the petitioner for grant of promotion in the light of result, Annexure-5 soon after he is out of the cloud of punishment imposed on him under order dated 31.12.2008. 6. With the observation and direction aforesaid this writ application is disposed of. Rajesh/ (V.N.Sinha,J.)