BISHRAM RATNAKAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner before this Court has filed the present petition being aggrieved by order of reversion dated 16.12.2004 passed by the State Government reverting the petitioner from the post of ENT Specialist to the post of Assistant Surgeon.

(2.) THE contention of the petitioner is that he was appointed as Assistant Surgeon in the year 1982 and was directed to face public service commission and based upon the recommendations of Public Service Commission he was confirmed on 1.8.87. It has been further stated that he has obtained the post graduate degree on 21.10.93 and his contention is that he was fulfilling requisite qualification provided under the M.P. Public Service Recruitment Rules, 1988 and a DPC was held. The petitioner was found fit for promotion by the DPC and was promoted to the post of Specialist on 7th of August, 2003. The petitioner's grievance is that he was reverted by an order dated 16.12.2004 and the respondents have not issued any show cause notice before reverting the petitioner and therefore, the action of the respondents is violative of Article 311 of the Constitution of India.

(3.) WITH the aforesaid, the writ petition is allowed.