(1.) In this batch of writ petitions, the petitioners call in question the impugned order dtd. 27/11/2013 (Annexure P/1) by which the State Government directed the Director, Medical Education to cancel the promotion given to the petitioners on the post of 'Office Superintendent' as their appointment by promotion was not done in accordance with law.
(2.) It is the case of the petitioners that they were promoted on the post of 'Office Superintendent' in 2007-08 and thereafter, they have further been promoted on the post of 'Administrative Officer' by order dtd. 18/07/2011 (Annexure P/9) and since then they have been working on the said post of 'Administrative Officer', but on the complaint of the intervenor namely S.K. Sharma, the State Government has passed an order for cancelling petitioners' promotion on the post of 'Office Superintendent' which is in violation of principles of natural justice as neither any departmental enquiry has been conducted nor any reasonable opportunity of defending themselves has been granted to the petitioners to establish that they have been appointed and promoted strictly in accordance with law.
(3.) Mr. Vinod Deshmukh, Mr. Manoj Paranjpe and Mr. Rahul Sharma, learned counsel for the petitioners, would submit that the order passed by the State Government (Annexure P/1) directing the Director, Medical Education to cancel the promotion granted to the petitioners on the post of 'Office Superintendent' is absolutely without jurisdiction of law as they were working on the post of 'Office Superintendent' for a long time and thereafter, they have also been promoted on the post of 'Administrative Officer'. Further the promotion granted to the petitioners on the post of 'Office Superintendent' could not have been cancelled without holding any departmental enquiry or without even affording a minimum opportunity of hearing to the petitioners. As such, the impugned order deserves to be set aside. They would rely upon the decision rendered by this Court in the matter of Murlidhar Gautam v. State of M.P. (Now C.G.) and Others, 2008 (3) CGLJ 288 to buttress their submission.