Single bench order dismissing a writ petition seeking direction for promotion and finalization of seniority list. The court noted the petitioner's impure service record with multiple instances of delinquency and misappropriation, finding no illegality in the respondents' action.
Writ petition and stay application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. CIVIL WRIT PETITION NO.2696/1996 Arjun Lal Bariwal Vs. The Chairman, Central Co-operative Bank Ltd., Tonk & Ors.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.2696/1996
Arjun Lal Bariwal
Vs.
The Chairman, Central Co-operative Bank Ltd., Tonk & Ors.
Date of Order : 05th March, 2013
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.Mamraj Jat for Mr.Praveen Balwada, for the petitioner/s. Mr.Bharat Yadav, for the respondent/s.
BY THE COURT:
By this writ petition, a direction is sought on the
respondent/s for promotion to the post of Assistant Executive Officer from the date the person/s junior to the petitioner was promoted. A further direction is sought to finalize the seniority list.
I find that in the provisional seniority list, petitioner
has been placed at No.1 on the post of Loan Supervisor. He prayed for promotion vide Annex.2 alleging that person/s junior to him have been given promotion. The writ petition and the rejoinder do not contain an order of promotion. Learned counsel for the petitioner was asked to clarify as to by which order, person/s
S.B. CIVIL WRIT PETITION NO.2696/1996 Arjun Lal Bariwal Vs. The Chairman, Central Co-operative Bank Ltd., Tonk & Ors.
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junior to the petitioner was promoted. He was enable to show order of promotion.
So far as the documents enclosed along with the writ
petition, i.e., the Annexure/s 3 to 5 are concerned, same are posting orders. To seek and making claim for promotion qua the junior to the petitioner was under an obligation to submit document indicating promotion of person/s junior to him. It is missing in the present writ petition. If reply to the writ petition is looked into, service record of the petitioner is not shown to be clean. Many delinquencies and follow up actions said to have been taken against the petitioner. He has now retired from service, thus even if it is presumed that person/s junior to the petitioner was promoted, it was looking to bad service record of the petitioner. The description of charge sheets given to the petitioner has been given in para No.4 of the reply. The rejoinder to it has been filed but petitioner could not show that he was exonerated therein. It is moreso when, delinquency of the petitioner started with the case of misappropriation of Rs.2391.83. He was called upon to deposit the amount and the amount was deposited by him in three installments. Again same
S.B. CIVIL WRIT PETITION NO.2696/1996 Arjun Lal Bariwal Vs. The Chairman, Central Co-operative Bank Ltd., Tonk & Ors.
thing was repeated by the petitioner in the year 1983 and 1984
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and so on.
Looking to overall circumstances, I do not find any illegality in the action of the respondent/s, accordingly the writ petition so as the stay application are dismissed.
(M.N. BHANDARI), J.
S/No.8 Preety, Jr.P.A.
All cor r ect ion s m ad e in t h e j u d gm en t / or d er h ave been in cor por at ed in t h e
j u dgm en t / or der bein g em ailed.
Pr eet y Asop a Jr .P.A.
2 issues framed by the court
Whether the petitioner is entitled to promotion when persons junior to him had been promoted.
Whether the petitioner's service record is clean to support a claim for promotion.
Arjun Lal Bariwal
The Chairman, Central Co-operative Bank Ltd., Tonk
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
