TULASHI RAM NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Dr. B. Ahmed, the learned Counsel appearing for the petitioner. The respondents 1, 2 & 3 are represented by Mr. S. Chamaria, the Standing Counsel for the Industries & Commerce Department. The respondent No.4 is represented by the learned Counsel, Mr. A. Choudhury.

(2.) THE petitioner was promoted to the post of Senior Assistant on 20.2.2008 (Annexure -8) in pursuant to the recommendation made by the DPC on 20.2.2008 (Annexure -7) and after serving in the post for about 12 months, the impugned order was issued on 2.2.2009 (Annexure -11), whereby the Director of Industries and Commerce ordered revocation of the petitioner's upgradation and consequential promotion of the respondent No.4 to the post of Senior Assistant.

(3.) ASSAILING the direction for reversion, Dr. B. Ahmed, the learned Counsel submits that the petitioner was senior to the respondent No.4 in the cadre of Work Charge Mohrar and since the service of the petitioner was utilized as a Junior Assistant right since his initial appointment, he was considered senior to the respondent No.4 and accordingly the DPC rightly recommended his promotion ahead of the private respondent. Moreover since the reversion was ordered by the Director without affording any opportunity to the petitioner, relying on the principles of audi alteram partem, the Counsel challenges the Director's order on this ground.