KAPIL DEO MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) The Petitioner is aggrieved by the order dated 14.1.2010 cancelling the selection grade promotion on the post of correspondence clerk granted to him with effect from 1.10.1986 by an order dated 12.5.1987 and directing recovery of excess payment made pursuant thereto.

(3.) Learned Counsel for the Petitioner submits that pursuant to the grant of Junior Selection Grade the revised pay scale had also been fixed and paid with retrospective effect. The only ground mentioned in the impugned order is that the Petitioner was not eligible for promotion as he had not passed the Accounts Examination. it is submitted that subsequently the Petitioner has passed the Accounts Examination. The last submission is that the impugned order is in violation of the principles of natural justice specifically asserted in paragraph-19 of the writ application.