Om Parkash Dhingra v. State Bank Of Inda And Another
!"# !$%&%"'
((
)*+
+ *
) , -)(+) +- !"
#### ) +- .(/012 $ %
&&'(&&)*
+$+,&+$-./ 0$'1 22 +3+,&+$- ./ 0$)1 " " 2
24 0. 54 061 & % %
22
&7+&&+++./ 0-1% 2 +)+$&++$ ./ 0'1 "
2
$,+&(0 2 % / +)+$&++$./ 0'1 "
!"#$%
&'() *
+ * ,
- - %
+&+&&++$ 2 % "
2 4 0+$$$$77)8 2
2
$,+&(0 2 % "2 2$773 $777%
/ 29096&++$ 2
"
"2" " , % *:;3$'3&+$&"
*
2
2% * +-+<&+$&
"
"The petitioner seeks for consideration of his request for promotion after his retirement. The counsel refers me to a communication made by the Assistant General Manager (Administration) to consider the request for retrospective promotion after retirement sympathetically. The counsel says that the party will be satisfied if sympathetic consideration is taken now and appropriate decision is passed. Such a
consideration, if it is possible, may be taken and they may take such a decision as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of copy of this order."
3.
Sh. Dhingra was due for promotion to MMGS-II w.e.f. 01.11.1997 under separate dispensation channel, but his result was placed in sealed cover due to disciplinary action. Penalty of Rs. 1402/- was inflicted upon him vide order dated 17.01.2001 and recovery of Rs. 1402/- was made on 02.02.2001 and as per sealed cover procedure his sealed cover for promotion to MMGS-II w.e.f. 01.11.1997 was not given effect to and filed as it is.
4.
Mr. Dhingra was eligible for promotion for MMGS-ll under Special Dispensation Channel for the promotion year 1998 and 1999 for which the promotional exercise was conducted during June and July 2001 respectively. As per Debarment Policy, the eligible officers who have been penalized and whose results are not held in sealed cover are also subject to the same Debarment Policy. The officer is not eligible for consideration of promotion until the amount of pecuniary loss is fully recovered. As the recovery of loss was effected in the instant case on 02.02.2001, therefore, Sh. Dhingra was not eligible for consideration for promotion year (s) prior to 02.02.2001.
In view of the above, I find no merit in the case of the petitioner Sh., Om Parkash Dhingra. The request for being considered for retrospective promotion after retirement is accordingly rejected. I order accordingly.= < %
2 +$+,&+$-./ 0$'1 "2 " ' > "2 $77)
2" $)+$&++$./ 0 '1%
,
"
2
2
$,+&(0 % 2 " 2 2 )
"2
2 %
2
$,+&(0% +&+&&++$ "! 2 2*22.
5!*619096&++$ 3 I have heard arguments of both sides and scrutinized the record with their able assistance.
7 % 2 2
" 2 +$$$$77) 8 / " 2" ? %2
%
" $)+$&++$./ 0'1 2 " 2
$,+&(0 %
"2" 2$773 $777 %!* 2 29 96 &++$"
+&+&&++$ $+ @ 2
$,+&(0%
2
22 $77)%? &+++ 2$)+$&++$%
" 2 % " 2 2 "
2 % 2 2 " 2 2
$,+&(0 +&+&&++$ $$ % "
" %
2 2 2
2 " 2
2 2
$,+&(0 $& "
2 +$+,&+$-./ 0$'1 " % ? " /) +-2 $&+&&+&, . :
( A (; /
0$1