MC 3706/2010 BEFORE THE HON’BLETHE CHIEF JUTICE MADAN B LOKUR THE HON’BLE MR. JUSTICE HRISHIKESH ROY MC 3706/2010 in Misc.Case No. 90/2008 in WA 285/2010 Writ Appeal No.234/2009 (Assam Gramin Vikash Bank -Vs- Dipak Tha kur) was decided on 18.12.2009 and the Division Bench upheld the finding of the learned Single Judge that promotion from the Clerical cadre to the Officer Cadre i.e. from Scale- I to Scale -II of the Bank was required to be made on the basi s of seniority cum merit. This Writ Appeal was taken up by us on 13.8.2010 and on the admi ssion of learned counsel for both the parties, it was held that this appeal is f ully covered against the Assam Gramin Vikash Bank in view of the dismissal of WA No.234/2009. The writ appeal was accordingly dismissed. By this application, the Bank seeks reconsideration of the order dated 13.8.2010 passed in WA No.285/2010 on the ground that learned counsel w as not aware at the relevant time that a disciplinary proceeding was pending aga inst the respondent in this case. In our opinion, the fact that a disciplinary proceeding was pend ing against the respondent is neither here nor there. What was laid down by this Court was the principle that promotion has to be made on the basis of seniority cum merit. As the respondent has been promoted on this basis, he can be suitabl y punished for the misconduct alleged against him. Merely because a disciplinary proceeding was pending when the Writ Appeal was decided, does not mean that we should review our order dated 13.08.2 010. There is no merit in the review petition. Accordingly it is dismi ssed.