Reserve Bank of India Vs.
Prem Sukh  Insc 437 (12 March 2008)
H.K. Sema & Markandey
O R D E R CIVIL APPEAL NO. 4018 OF 2002 This appeal has been filed by the
State aggrieved by the impugned order of the Division Bench.
In view of the short order that we propose to pass, it may not be necessary
to recite the entire facts leading to the filing of this appeal and also we are
not prepared to deal with the question of law that has been raised before us by
Mr. R.N. Trivedi, learned senior counsel appearing for the appellant. Suffice it to say, the respondent was entrusted with the higher duties in
the Cash department as Assistant Treasurer on day to day basis by an order
dated 1/6/1984. He continued in the same post upto 1988. It appears that by an
interim order dated 6/9/1988 passed by the learned single Judge of the High
Court in writ petition preferred by the respondent, he was allowed to continue
till 4/9/1998. Aggrieved thereby, the appellant also filed an appeal before the
Division Bench which was dismissed on 5/10/2001. The ....2.
- 2 - respondent was ultimately promoted to the post of Staff
Officer/Assistant Treasurer in 2006. This court had granted stay order on
15/2/2002. This shows that even after the interim order was passed by this
Court on 15/2/2002, the respondent was promoted to the post of Staff
Officer/Assistant Treasurer in 2006. The respondent is due to retire in May
2008.Considering the entire facts and circumstances as enumerated above, we
decline to exercise our powers under Article 136 of the Constitution of India.
We clarify that we do not enter into the question of law and the same is left
open to be considered in an appropriate case. We further clarify that this
order is passed in the facts and circumstances of the present case and it shall
not form a precedent in future.
The appeal is disposed of in the above terms.