IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.13477 of 2010 Date of Decision : August 02, 2010. Sham Sunder Batra .....Petitioner versus Punjab National Bank and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.H.C.Arora, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner, who had passed the 8th Standard Examination in the year 1969, joined the respondent-bank as a Peon on 25.9.1972. The petitioner thereafter appeared in the Departmental Promotional Examination held for the post of Clerk in the year 1984 on the basis of the alleged matriculation certificate dated 5.7.1983 purported to have been issued by the Central Board of Higher Education, New Delhi (Annexure P1). The petitioner qualified the test and was promoted as Clerk w.e.f. 6.2.1985. After more than 25 years, he has now been served with a show cause notice dated 14.7.2010 (Annexure P-4) purposing his reversion as Peon on the ground that the matriculation certificate produced by him is C.W.P.No .13477 of 2010 2 not of a “recognized Board by any State or the Central Government”. Besides questioning the impugned action on the plea of inordinate delay and latches, the petitioner contends that as per Clause 1 (f) of the Promotional Policy-cum-Settlement dated 1.7.1983 (Annexure P3), he was eligible for promotion to the post of Cashier-cum-Godown Keeper even on the basis of qualification of 8th Standard with 8 years of service to his credit. The petitioner had admittedly completed 12 years of service as Peon-cum-Daftri at the time of his promotion as Clerk. Having heard learned counsel for the petitioner, I am of the considered view that since only a show cause notice has been issued to the petitioner, he can submit his reply thereto taking both the above-mentioned pleas in addition to the other contentions, if any. The Competent Authority of the respondent-bank shall be obligated to consider the pleas that may be taken by the petitioner in his reply. Keeping in view the fact that the petitioner is working in clerical cadre for the last more than 25 years, it is directed that if the Competent Authority of the respondent-bank decides to revert the petitioner, such reversion order shall not be given effect for a period of one month from the date of its receipt by the petitioner with due acknowledgment, to enable him to challenge the same before an appropriate forum. Disposed of. Dasti. August 02, 2010 (SURYA KANT) Mohinder JUDGE