MADAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned counsel for the petitioner, the State and perused the counter affidavit.

(2.) THE present application has been filed challenging the order of respondent no. 3 as contained in Annexure -1, by which petitioner has been reverted back to his original post of chainman.

(3.) A further contention has been made that on 4.10.90 also the Personnel and Administrative Reforms Department issued letter regarding filling 25% of such post in class -Ill from class -IV employees. It is contended that after his joining in 1988 on class -Ill on promotion petitioner was peacefully discharging his duties on the aforesaid post. During the intervening period he also passed his accounts examination and Hindi noting and drafting examination. In 1993 petitioner passed his final accounts examination. However, on 18.6.1994, he was served with a notice as to why his services be not terminated. Petitioner filed his show cause. Again petitioner was directed to furnish his explanation by order dated 20.1.98 as contained in Annexure -13. Petitioner submitted his explanation. However, by order dated 24.3.2001 petitioner has been given a second show cause as to why his promotion to the post of typist be not cancelled. Again petitioner filed his show cause on 19.4.2001. However, by order dated 25.2.2003 as contained in Annexure - 15 petitioner was communicated that his promotion to the post of typist has been illegal and irregular and he has been directed to explain as to why he be not reverted. Petitioner filed his reply on 6.3.2003. By the impugned order as contained in Annexure -1 petitioner has been reverted back to his original post of Chainman. Petitioner filed a representation on 8.5.2003 and a further direction for payment of his salary in the promoted post and other allowance which was payable to him.