RANJEET KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing Memo No. 7257, Gaya dtd. 21/3/2020 issued under the signature of the Civil Surgeon-cum-Chief Medical Officer, Gaya by which the promotion granted to the petitioner vide Memo No. 248 dtd. 8/2/1989, has been cancelled after a lapse of 31 years.

(2.) Shorn of the details it would suffice to state that the short pointed raised by the learned counsel for the petitioner Mrs. Ritika Rani is that the said order dtd. 21/3/2020 passed by the respondent no. 4, has a far reaching effect inasmuch as it not only has adverse civil consequences but also has serious financial implications, as far as the petitioner is concerned, nonetheless, the same has been passed without issuance of any show cause notice to the petitioner herein, in order to enable him to put forth his wholesome defence resulting in violation of the principles of natural justice, hence the impugned order dtd. 21/3/2020 is fit to be set aside.

(3.) The learned counsel for the State has not been able to controvert the submissions made by the learned counsel for the petitioner and has in fact admitted that no show cause was issued to the petitioner prior to passing of the impugned order dtd. 21/3/2020, whereby and where under the promotion granted to the petitioner vide Memo dtd. 8/2/1989, has been cancelled.