GHANESHWAR DAS BANJARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 10.05.2011 (Annexure P/1) whereby the promotion order granted to the petitioner on 30.06.2007 was cancelled and recalled. The cancellation has been done on the basis of some inspection conducted by the Additional Commissioner.

(2.) The primary objection of the petitioner is that the petitioner had already put in about more than 4 years of service on the promoted post and as such substantial right has been created in his favour. That, the impugned order has been passed without providing any opportunity of hearing to the petitioner, nor was any explanation sought for from the petitioner before issuance of the impugned order. Thus, according to the petitioner, the impugned order is blatant violation of principles of natural justice and prayed for setting aside of the same.

(3.) The contention of respondent No.4 is that promotion order granted to the petitioner on 30.06.2007 was not in accordance with rules and without proper approval from the competent authority and when this was detected in an inspection, the impugned order was passed. However, the fact that the petitioner was denied opportunity of hearing before the issuance of the impugned order is not disputed by the counsel for the respondent No.4.