WP(C) 5031/2003 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY Heard Mr UK Nair, learned counsel for the petitioners. None appears for the resp ondents. 2. Since the facts in both the cases are similar and a common argument has been advanced by Mr Nair, they are being disposed of by this consolidated order. 3. The two petitioners seek direction for their promotion to the post of Of ficer Grade-E in the Assam Co-operative Apex Bank Ltd (hereinafter referred to a s the Apex Bank ) w.e.f. 3-9-2002 when their contemporaries were given such pro motion. They also pray for expunging the adverse remarks in their ACRs relevant for the year 2000 and 2001 circulated through communication dated 8-8-2002 of th e General Manager of the Apex Bank. For the record, the petitioner RK Hazarika r eceived the said ACR communication on 2-9-2002 and the petitioner PK Baruah rece ived the said adverse communication on 21-9-2002. 4. Arguing the writ petitions, it is contended by Mr Nair that the adverse entries in the petitioners’ ACRs were recorded with an ulterior motive to deny t hem the promotion benefits due to them in the year 2002. Referring to the genera l nature of the adverse remarks, the learned counsel contends that since the pet itioners were posted in the responsible positions of branch in-charge in the Ban k, and were also given promotion to Officer Grade-E on 30-8-2006, it is apparent that the impugned adverse remarks were disregarded and therefore could not have been made the basis for denying promotion to the petitioners in the year 2002. 5. Learned counsel points out that promotion to the Officer Grade-E is to b e made under Rule 24 of the (Staff) Rules, 1980 on the basis of recommendation o f a three member selection committee and since the promotions were made on 3-9-2 002 and the adverse remarks were received only on 2-9-2002 and 21-9-2002 respect ively by the two petitioners, the said adverse remarks could not have been consi dered by the selection committee, for not considering promotion for the petition er. 6. Although notice of these case proceedings were duly served on the respon dent Bank, no counter affidavit has been filed and therefore averments made in t he writ petitions have gone unrebutted. 7. I have noted the nature of the impugned adverse remarks and find that th ey were of general nature. Significantly notwithstanding such remarks, the petit ioners were posted in responsible position as Branch In-charge of the Bank, even while they were serving in the posts of Accountant. The petitioners were later promoted as Officer Grade-E on 30-8-2006. Therefore, it is apparent that the adv erse remarks have not come in the way of the Apex Bank authorities to consider t he petitioners for subsequent promotion nor those remarks have inhibited the aut horities in posting the petitioners as In-charge Branch Manager of the bank. 8. In the above circumstances, I am of the view that the promotion to the p etitioners in the year 2002 could not have been denied on the basis of the adver se entries, which were yet to be communicated to the delinquents, at the time wh en consideration for promotion was being made by the selection committee. 9. Furthermore since the said adverse remarks have not come in the way of c onsidering the petitioners for subsequent promotion, I am also of the opinion th at those remarks have been considered in-consequential by the Bank itself and sh ould, therefore, be removed from the respective service books of the petitioners . 10. Accordingly the adverse entries recorded in the ACRs of 2000 and 2001 of the two writ petitioners are expunged. Since the petitioners were belatedly pro moted to the posts of Officer Grade-E, the respondents are directed to take nece ssary steps to give effect to their promotion from a retrospective date, i.e. 3- 9-2002 when their contemporaries were promoted to the said post. The respondent Bank is directed to complete the necessary exercise in this regard within three months from the date of communication of this court’s order. 11. The writ petitions are disposed of in terms of the above direction witho ut any order on cost.