SITA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE learned counsel for the petitioner is permitted to make necessary corrections in respect of the provision of law under which these Appeals have been filed.

(2.) THESE analogous Letters Patent Appeals are directed against the same judgment dated 15-2-1995 rendered by a learned single Judge of this Court. The judgment was passed in C. W. J. C. No. 1192/93 (R) (Ram Pukar Singh vrs. State of Bihar and others) and C. W. J. C. No. 1193/93 (R) (Sita Ram Singh vrs. State of bihar and others ). These appeals involve similar moot questions, including as to whether principles of natural justice have been violated, hence they are being disposed of by a common judgment.

(3.) THE petitioners were initially appointed as the Silt Analyst and they were promoted to the post of Assistant Research Officers by an order of the Chief Engineer, but later on it was transpired that the Chief Engineer had no authority to pass an order of promotion, rather some other appropriate authority was competent to pass the order. Consequently the order of promotion of petitioner-appellant Ram Pukar Singh was cancelled vide orders dated 25-7-1990/4-3-1993, as contained in Annexure-5 and 6 to C. W. J. C. No. 1192 of 1993. Similarly, petitioner-appellant Sita ram Singh was reverted to his substantive post by order dated 4-3-1993 (Annexure-5 to C. W. J. C. No. 1193 of 1993 (R ). These orders were challenged by means of the aforesaid two writ petitions. The prayer in these petitions were that these orders of reversion be quashed as the same had been passed in violation of the principles of natural justice.