Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seniority-Cum-Merit Promotions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | REGIONAL RURAL BANKS (APPOINTMENT AND PROMOTION OF OFFICERS AND OTHER EMPLOYEES) RULES, 1998: rr.2(d), (e), (f) and (j) - Promotions to be madeĀ· "on the basis of seniority-cum-merit" - Connotation of - Circulars dated 30.11.2009 and 12.7.2010, enabling the management to eliminate from zone of consideration such employees who have been rated Grade 'D' in performance appraisal or who have suffered punishment - Set aside by High Court - Held: . Rules do not provide the criteria introduced by the two- circulars - The procedure prescribed under the two circulars clearly has the effect of supplanting the provision of eligibility, which is not permissible - Determination of the bare minimum criteria is the function of the DPC and cannot be taken-over by management - Misconduct committed by employee/officer would be a matter for DPC to take into consideration at the time of performance appraisal - The two circulars being contrary to statutory Rules, have rightly been quashed by High Court - Circular No. 17 of 2009 dated 3Q;11.2009 - Circular dated 12. 7. 201 - Service law - Promotion - Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988.The instant appeals were filed by the appellant-Banks challenging the judgment passed by the High Court, whereby it set aside the Circular No. 17 of 2009 dated 30.11.2009 and Circular dated 12.7.2010 in so far as they provide to exclude the employees from consideration for promotion on the basis that they had either obtained the 'D' rating in the annual performance report or were penalized for any misconduct in the preceding 5 years. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2013 INSC 226 |
Petitioner | Sarva U.p. Gramin Bank & Ors. |
Respondent | Manoj Kumar Chak |
SCR | [2013] 2 S.C.R. 562 |
Judgement Date | 2013-04-09 |
Case Number | 2970-2975 |
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