SHANKARLAL MUSHRE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in this petition filed under Article 226 of the Constitution is made to the order dated 17.3.2011 whereby petitioners promotion order dated 22.12.2006 was cancelled by the respondents.

(2.) The admitted facts between the parties are that petitioners were working as helper with the respondent/department. They were promoted by order dated 22.02.2006 to the post of driver. The said order of promotion was cancelled unilaterally by order dated 17.3.2011. Petitioners were not given any opportunity of hearing before cancelling their promotion order.

(3.) Shri Khatri contends that the said order is bad in law because petitioners continued for about 05 years which shows that the posts were very much available. During pendency of this case also, pursuant to the interim order, petitioners are working as drivers. The impugned order is against the principle of natural justice.