MD SAYEED Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON 19th August, 1980, both the petitioners were promoted to the post of Horticulture Inspector. There is no dispute that the post of Horticulture Inspector is a feeder post for promotion to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On 24th April, 1999, the Departmental Promotion Committee made recommendations in favour of the petitioners for being promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On the basis of such recommendation, by an order dated 14th October, 1999, the petitioners and others were promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. Petitioners were given a show cause and thereby they were informed that their promotion order dated 14th October, 1999 is liable to be cancelled. It was not indicated in the show cause in details the reasons in support thereof. Thereupon on 10th May, 2001, by one order the promotions accorded to the persons by the order dated 14th October, 1999 including the promotions of the petitioners were cancelled. The order dated 10th May, 2001 did not disclose in details the reasons for cancellation of the said promotions.

(2.) THE order dated 10th May, 2001 was the subject matter of challenge in two writ petitions filed in the High Court of Judicature at Jharkhand as well as in this High Court. Both the High Courts stayed the operation of the said order dated 10th May, 2001 with a direction not to give effect to the same. As a result, despite the said order dated 10th May, 2001, the promotions accorded to the petitioners by the promotion order dated 14th October, 1999 had not been affected.

(3.) THEREFORE , the decision to withdraw the said promotions of the petitioners accorded by the order dated 14th October, 1999, according to the own showing of the State, became effective on the issuance of the order dated 21st September, 2006 and, aggrieved thereby, the petitioners have filed the present writ petition.