RAM NARAYAN GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-11 is the order by virtue of which promotion of the petitioner to the post of Stenographer granted in terms of Annexure-10 dated 15th September, 2003 has been undone and petitioner has been reverted to the post of Kamdar. Annexure-11 therefore is under challenge in the present writ application.

(2.) Learned Senior Counsel representing the petitioner submits that the order of reversion has been passed in clear breach of the principles of natural justice as no opportunity of hearing was given and it has also been passed without due application of mind to the facts and issue under which Annexure-10 came to be notified promoting the petitioner on the post of Stenographer by the respondent authorities. It is his case that the promotion of the petitioner to the post came to be granted under 50 per cent quota reserved for promotion from Class-IV post to Class-Ill post for which a limited departmental examination was held as would be evident from Annexure-9 but ignoring such facts and declaring that the promotion of the petitioner was made on certain error is totally misplaced and is worthy of interference.

(3.) Some facts which are not in dispute are that petitioner was initially appointed as a Kamdar by the respondents on 26th of March, 1984. The said letter of appointment is Annexure-1. Contention of the petitioner is that looking at his qualification, his talent and expertise in handling computer and shorthand, he came to be transferred and deployed at various offices including the Headquarters at Patna from time to time. Those notifications are also on record as annexures. Petitioner was even deputed to undergo computer training and was made to work as a stenographer attached with various authorities from time to time. There is no dispute about the capability and ability of the petitioner to perform such responsibility thrust upon him over many a years.