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Lalit C. Joshi vs Bank Of Baroda on 13 November, 2019

Bench: Arun Mishra, S. Ravindra Bhat

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                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO. 8555 OF 2019
                                 [@ SPECIAL LEAVE PETITION (C) NO. 27336/2018]

                         LALIT C. JOSHI                                                       Appellant (s)

                                                               VERSUS

                         BANK OF BARODA & ORS.                                                Respondent(s)


                                                            O R D E R

Leave granted.

Heard the learned counsel for the parties. Admittedly, the Departmental Promotion Committee (DPC) was convened for the promotion from Scale III to Scale IV. The DPC was held on 30.06.2014, the adverse remarks for the year 2012 was not communicated to the appellant and as such could not have been taken into consideration so as to non-suit the appellant from advancement in Grade IV. The ACR in question was communicated later on to the appellant in the year 2014 after the date of DPC. The appellant made a representation. The High Court passed an interlocutory order dated 02.05.2016 allowing the appellant to make a fresh representation. The fresh representation was Signature Not Verified rejected on 21.06.2016.

JAYANT KUMAR ARORA Date: 2019.11.18 16:59:03 IST Reason: Be that as it may, we are of the considered opinion that the position of ACR was required to be considered as on 30.06.2014, the date on which DPC  2 met admittedly as on that date adverse remarks for the year 2012 were not communicated to the appellant. Thus, it could not have been taken into consideration subsequent communication and rejection of the Representation cannot come in the way of the appellant. As such, the DPC has to reconsider the matter ignoring the adverse remarks which were not communicated to the appellant as on 30.06.2014. Let a Review DPC be held ignoring the uncommunicated adverse remarks for 2012 in accordance with law within a period of two months from today and fresh decision be taken and communicated to the appellant as per the existing rules as on the date of the DPC i.e. 30.06.2014.

In view of the above, the impugned Judgment and orders are set aside and the appeal is allowed.

.......................J. [ ARUN MISHRA ] .......................J. [ S. RAVINDRA BHAT ] New Delhi;

NOVEMBER 13, 2019.

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ITEM NO.53                    COURT NO.4               SECTION IX

                 S U P R E M E C O U R T O F       I N D I A
                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)       No(s).    27336/2018

(Arising out of impugned final judgment and order dated 05-09-2018 in WP No. 1278/2015 passed by the High Court Of Judicature At Bombay) LALIT C. JOSHI Petitioner(s) VERSUS BANK OF BARODA & ORS. Respondent(s) Date : 13-11-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Harihar Bhave, Adv.

Ms. Rani Chhabra, Adv.

for M/s. Bhave And Associates For Respondent(s) Mr. Amit Singh Chadha, Sr. Adv.

Mr. Arun Aggarwal, AOR Ms. Anshika Agarwal, Adv.

Mr. Anup Kumar Pandey, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA)                                 (JAGDISH CHANDER)
  COURT MASTER                                         BRANCH OFFICER

(Signed order is placed on the file)