Gauhati High Court
Pranab Kr. Das vs Assam Co-Operative Apex Bank Ltd And 20 ... on 14 October, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010189442023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4964/2023
PRANAB KR. DAS
S/O LATE NABA KR. DAS, RESIDENT OF VILLAGE- GOPAL BAZAR (LACHIT
NAGAR), P.O.- GOPAL BAZAR, DIST.- NALBARI, ASSAM, PIN- 781353
VERSUS
ASSAM CO-OPERATIVE APEX BANK LTD AND 20 ORS
REPRESENTED BY THE MANAGING DIRECTOR, H.O. , PANBAZAR, GHY-01,
ASSAM
2:MANAGING DIRECTOR
ASSAM CO-OPERATIVE BANK LTD
REPRESENTED BY THE MANAGING DIRECTOR
H.O.
PANBAZR
GHY-01
ASSAM
3:GENERAL MANAGER
ASSAM COOPERATIVE APEX BANK
HEAD OFFICE
PANBAZAR
GUWAHATI-781001
4:SMTI. PRIYADARSHINI TALUKDAR
BRANCH MANAGER
NOONMATI BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
NOONMATI
GUWAHATI-781020
5:DIPANKAR SARMA NEOG
MANAGER
Page No.# 2/6
I.T. DEPTT. H.O.
PANBAZAR OF ASSAM CO-OPERATIVE APEX BANK LTD.
PANBAZAR
GUWAHATI-781001
6:DEBAJIT DEORI
BRANCH MANAGER
LAKHIPUR BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
LAKHIPUR
GOALPARA
ASSAM-788103
7:SATYAJYOTI KASHYAP
BRANCH MANAGER
SARUPATHAR BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
SARUPATHAR
ASSAM-785601
8:SMTI DIMPI KOTOKI
H.O. (ADV. GEN. DEPT.)
PANBAZAR OF ASSAM CO-OPERATIVE APEX BANK LTD.
PANBAZAR
GUWAHATI-781001
9:DEBAJIT SAIKA
BRANCH MANAGER
SIVSAGAR BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
DIST. SIVSAGAR
ASSAM 785640
10:BIPLOB DUTTA CHOUDHURY
BRANCH MANAGER
R.K. NAGAR OF ASSAM CO-OPERATIVE APEX BANK LTD.
KARIMGANJ
PIN-788166
ASSAM
11:NITUL DAS
BRANCH MANAGER
PATHSALA BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
DIST. BARPETA
PIN-781325
ASSAM
12:SMTI JAYEETA CHOUDHURY
MANAGER P AND D DEPTT. HEAD OFFICE OF ASSAM CO-OPERATIVE
APEX BANK LTD.
PANBAZAR
Page No.# 3/6
GHY-781001
ASSAM
13:GAGANJYOTI DEKA
BRANCH MANAGER SILPUKHURI BRANCH OF ASSAM CO-OPERATIVE
APEX BANK LTD.
SILPUKHURI
GHY-781003
ASSAM
14:SMTI NILAKSHI DEKA
BRANCH MANAGER BIJOYNAGAR BRANCH OF ASSAM CO-OPERATIVE
APEX BANK LTD.
DIST.- KAMRUP-781122
ASSAM
15:BIKASH RANJAN DAS
BRANCH MANAGER DISPUR BRANCH OF ASSAM CO-OPERATIVE APEX
BANK LTD.
GHY-781005
ASSAM
16:CHAPALA HAZARIKA
BRANCH MANAGER TANGLA BRANCH OF ASSAM CO-OPERATIVE APEX
BANK LTD.
UDALGURI-784521
ASSAM
17:RITTIK TALUKDAR
MANAGER
ADMN DEPTT. HEAD OFFICE OF ASSAM CO-OPERATIVE APEX BANK LTD.
PANBAZAR
GHY-781001
ASSAM
18:BIDYUT BIKASH BARUAH
BRANCH MANAGER
BARPETA BRANCH OF ASSAM CO-OPERATIVE APEX BANK LTD.
PIN-781301
ASSAM
19:SMTI ARPITA BHOWMICK
MANAGER I.T. DEPTT. HEAD OFFICE OF ASSAM CO-OPERATIVE APEX
BANK LTD.
PANBAZAR
GHY-781001
ASSAM
Page No.# 4/6
20:SMTI RITA KAKATI CHANGMAI
MANAGER A/CS AND F.M. DEPTT. HEAD OFFICE
OF ASSAM CO-OPERATIVE APEX BANK LTD.
PANABAZAR
GHY-781001
ASSAM
21:SMTI AATREYEE BORTHAKUR
MANAGER DAAA OF ASSAM CO-OPERATIVE APEX BANK LTD.
PANBAZAR
GHY-781001
ASSA
Advocate for the Petitioner : MRS A K CHOUDHURY, MR M CHOUDHURY
Advocate for the Respondent : SC, THE ASSAM CO OPERATIVE APEX BANK LTD., MR D J
BORO (R-17),MR. J BARMAN (R-4,5,6,7,8,10, 11,12,9,13,14,16,17,19,18,20,21)
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
14.10.2025
Heard Mr. D Choudhury, learned counsel for the petitioner. Also heard Mr.
J.K. Goswami, learned Addl. Senior Government Advocate for the respondents
No. 1 to 3 and Mr. D.J. Boro, learned counsel for the respondents No. 4 to 14
and 16 to 21.
The petitioner is aggrieved by his non-consideration for promotion to the
next higher post whereas persons below him in the seniority list were
considered and promoted.
The learned counsel for the petitioner referring to the pleadings and the
relevant documents submits that the only ground for overlooking claim of the
writ petitioner was on account of contemplated departmental proceedings by
the department and the petitioner's papers were ordered to be placed under
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sealed cover by the DPC and consequently he was never considered for
promotion. The learned counsel for the petitioner referring to the Judgments of
the Apex Court rendered in Union of India and Ors. Vs. K.V Jankiraman and Ors,
reported in (1991) 4 SCC 109; Union of India and Ors. Vs. Anil Kumar Sarkar,
reported in (2013) 4 SCC 161 as well as the Judgment rendered by the Co-
ordinate Bench of this Court in Hiten Kalita Vs. The State of Assam and Ors,
reported in 2023 Legal Eagle (Gau) 323 submits that the DPC could not have
ordered placing the case of the petitioner in sealed cover inasmuch as there was
no departmental proceedings initiated nor was the petitioner placed under
suspension on the day his case was considered by the DPC. The learned counsel
for the petitioner therefore submits that when the charge-sheet was submitted
well after the date when the DPC considered his matter, there was no occasion
for the DPC to order placing of the petitioner's case in sealed cover. He submits
that the law regarding "sealed cover" has been elaborately laid down by the
Apex Court in K.V. Jankiraman (Supra) followed by Anil Kumar Sarkar (Supra)
and Hiten Kalita (Supra) and has been consistently followed by the Apex Court
as well as this High Court in several Judgments. He further submits that earlier
show cause notices were issued but it was subsequently closed by the
departmental authorities on the basis of the reply filed by the petitioner and no
proceedings were initiated against the petitioner. The learned counsel for the
petitioner has referred to the communication dated 02.06.2020 (Page 40
Annexure 8 of the writ petition). He submits that the very basis of non-
consideration of his case by the DPC and ordering the same to be placed under
sealed cover is contrary to the law laid down by the apex Court in K.V
Jankiraman (Supra) and followed by this Court in Hiten Kalita (Supra). He
therefore submits that a specific direction be issued to the departmental
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authority to proceed for consideration on his promotion with retrospective effect
from the date when his immediate junior was promoted and give all
consequential financial and service benefits.
At this stage, the Court wanted to peruse the Minutes of the DPC which
rejected the case of the petitioner along with two other employees and ordered
for sealed cover procedure.
Mr Goswami on the other hand submits that the Minutes of the DPC are not
available with him and he would like to call for the same for placing it before
this Court. He therefore prays for some time.
Considering that the matter is being heard, we permit Mr. Goswami to place
the Minutes of the DPC meeting relevant to the claims of promotion made by
the writ petitioner vis-à-vis the promotion of his immediate junior before the
Court on the next date fixed.
List on 16.10.2025.
JUDGE
Comparing Assistant
