This is why malpractices continue almost in all banks without any challenge from any corner or from any aggrieved officer. Even if any aggrieved officer file a case , he is pressurised to withdraw it or decision is delayed in court for decades by paying crores of rupees from banks treasury to teach a lesson to officer who dared file a case against reign of injustice.
An officer who support in corruption to higher bosses and act as per whims and fancies of higher bosses get all benefits and all comforts whereas who do not dance as puppet are subjected to critical and remote transfers so that his family is fully disturbed. This fear of transfer and loss to family has made many officers indifferent and dormant. They do not even opt for promotion. As a result of this bad culture, it is always the bank which suffer. This will not be an exaggeration to say that entire government machinery in victim of this evil culture.
Very soon Mr. Modi and all concerned officials will realise that interview is not at all needed for any promotion and interview is the root cause which promotes corrupt culture and which escalates corruption to new heights
Supreme Court Concedes Error In Its Verdict On SC/ST Staff Promotions-NDTV -8th January 2016
A bench comprising Justices J Chelameswar and AK Sikri ordered deletion of those paragraphs of the judgment that had contained the mistake and said, "once we find an error apparent on the face of the record and to correct the said error, we have to necessarily allow these review petitions."
Agreeing with his view, the court said "it is this error, which is apparent on the face of the record, viz the reservation is provided in promotion by selection respect of posts carrying salary of less than Rs. 5,700 per month, that has led to further error that such reservation in the matter of promotion is applicable from Scale I upward up to Scale VI."
Justice Rohatgi had said that a fundamental error had crept in the judgment in which it was observed that reservation is provided to employees of Scheduled Caste and Scheduled Tribe.
However, the operative portion of the verdict was contrary as it had held that there was no reservation in this category.
The Attorney General said that the SC/ST employees of the particular class can get reservation in promotion, though in the previous paragraph of the judgement, the court had reiterated that "there is no reservation in promotion by selection in Group-A posts which carry an ultimate salary of Rs. 5,700 per month and in such cases it is only the concession that applies."
The top court had on January 9 last year ruled that the Constitution enabled government to provide for reservation of SC/ST category employees even in promotions but courts cannot direct them to make such a provision.
Apex court sets aside its order on SC/ST quota in bank promotions
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Courts can't ask states to provide quota in promotions: Supreme Court-11 January 2015-Economic Times
NEW DELHI: The Constitution enables governments to provide for reservation of SC/ST category employees even in promotions but courts cannot direct them to make such a provision, the Supreme Court has ruled.
A bench of justices J Chelameswar and A K Sikri, however, said the aggrieved employees, belonging to SC/ST categories, can themselves seek redressal from the court if they are denied the rightful promotions.
"Insofar as making of provisions for reservation in matters of promotion to any class or classes of post is concerned, such a provision can be made in favour of SC/ST category employees if, in the opinion of the State, they are not adequately represented in services under the State.
"Thus, no doubt, power lies with the State to make a provision, but, at the same time, courts cannot issue any mandamus to the State to necessarily make such a provision. It is for the State to act, in a given situation, and to take such an affirmative action," the bench said.
Whenever, there exists such a provision for reservation in the matters of recruitment or promotion, it would bestow an enforceable right in favour of persons belonging to SC/ST category and on failure on the part of authorities to reserve posts in selections or promotions, the employees concerned can move the court to get their rights enforced, it said.
The court discussed the clause 4 and 4A of Article 16, which deal with quota in promotions in services also in its verdict and said these are "only the enabling provisions which permit the State to make provision for reservation of these category of persons".
The court's observations came while deciding a plea of Central Bank of India SC/ST Employees Welfare Association and others which had challenged the decision of the bank not to grant reservation in promotions in all categories.
The PSU bank had taken the stand that there was no rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of more than Rs 5,700.
The apex court partly allowed the plea of employees union.
The court, in its 36-page verdict, said, "While setting aside the impugned judgment of the high court to the extent it holds that office memorandum dated 13-8-1997 makes a provision for reservation, it is clarified that at present there is no provision for reservation in promotion by selection only in respect of those posts which carry an ultimate salary of 5,700 per month ...
"Qua appellant banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions from Scale-I up wards up to Scale-VI, reservation in promotion in favour of SC/ST employees has to be given.
"It would have the effect of allowing the writ petitions filed by the respondents/unions partly with directions to the appellant Banks to make provision for reservations while carrying out promotions from Scale-I to to Scale-II and upward up to Scale-VI."
The bank had said that as per the promotion policy, the candidates belonging to SC/ST category have been given reservation at the initial level of recruitment and also for promotion in the clerical cadre.