LAWS(MPH)-2012-12-38

BAL KRISHNA SEN Vs. STATE OF MADHYA PRADESH

Decided On December 12, 2012
Bal Krishna Sen Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE petitioner was promoted by order dated 19.05.2003 on the post of Lower Division Clerk (LDC). The said promotion order was cancelled after more than one year on 23.10.2004. It is not in dispute between the parties that before cancelling/amending the order of promotion by impugned order dated 23.10.2004, no opportunity of any nature of promotion is provided to the petitioner. The only justification shown for filing Annexure R-1 by the State is that certain reserve category persons were having a right of consideration against the post on which petitioner was promoted and their matter was reconsidered and petitioner was rightly reverted.

(2.) SHRI S.K. Sharma, learned counsel for the petitioner, criticized the said order and submits that this is factually incorrect and this could not have been done without following the principles of natural justice.

(3.) I have heard the learned counsel for the parties and perused the record.