DINESH RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 8.9.2004, passed by a learned Single Judge in C.W.J.C. No. 6382 of 1999, dismissing the writ application filed by the appellant, wherein he had challenged the orders, as contained in Annexures 13 and 14, whereby his promotion to the post of Clerk was cancelled and he was reverted to the substantive post of Kamdar.

(2.) THE admitted fact is that the appellant was appointed as a Kamdar. His case is that subsequently by way of departmental promotion, he was promoted to the post of Clerk in the year 1982 with effect from 1.5.1980 and confirmed later on. He passed every departmental examination and was given due promotion. Thereafter, the impugned orders have been issued reverting the appellant to his original post of Kamdar.

(3.) LEARNED counsel appearing for the appellant submitted that the appellant has continued on the post of Clerk for almost seventeen years and as such his reversion is impermissible in law.