BHAJAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri H.N. Singh, learned Counsel for the Appellant and learned standing counsel appearing for Respondents.

(2.) This intra-court appeal has been filed challenging the order dated 3.2.2010 passed in Civil Misc. Writ Petition No. 5624 of 2010 by the learned single Judge which was dismissed on the ground of alternative remedy.

(3.) Briefly stating the facts giving rise to the present appeal is that, the Petitioner was holding the post of Senior Assistant in Government Hospital and was promoted to the post of Office Superintendent in pay scale of Rs. 5,000-8,000 vide order of the Director (Administration) in the Office of Director General Medical Health Services U.P., Lucknow. Accordingly the Petitioner joined on the promoted post and was working in District Hospital, Ghaziabad on 21st August, 2009. The reversal order passed reverting the Petitioner to the post of Senior Assistant without affording any opportunity of hearing to the Petitioner and without issuing any show cause notice and on 16.12.2009 he was transferred from Ghaziabad to Lalitpur. Aggrieved by the aforesaid order of the reversion and transfer, the Petitioner filed the Writ Petition No. 5624 of 2010.