STATE OF RAJASTHAN Vs. ROOP CHAND SHAH

JUDGEMENT

(1.) We have perused the Office Report dated 9/07/1992. The service to the respondents is complete. None has entered an appearance even though the notice mentioned that the matter will be finally disposed of as covered by S. S. Moghe v. Union of India. We, therefore, heard the learned counsel for the petitioners and perused the decision referred to. Leave granted. The relevant observations on which the learned counsel relies are as follows :

(2.) Applying the above principle, we are of the opinion that the Division bench was in error in reversing the view taken by the learned Single Judge. The screening Committee was under no obligation to afford a hearing before making its recommendation. The respondent was merely officiating in the promotion post and on being found unsuitable for the said post by the Screening committee he was reverted to his substantive post. There was no question of hearing him on his suitability by the Screening Committee. We, therefore, setaside the impugned order of the division bench and restore the order of the learned Single Judge. The appeal is allowed accordingly with no order as to costs.