VIKASH KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Anil Kumar Sinha, learned Counsel appearing on behalf of the petitioner, Mr. K.N. Prasad, learned Counsel appearing for respondent No. 6, and the learned Government Pleader No. II for respondents Nos. 1 to 5.

(2.) THIS writ application has been filed by the petitioner for quashing the order dated 2.11.1996, as contained in Annexure 6, by which promotion of the petitioner to the post of Assistant Professor, Paediatric Surgery, Rajendra Medical College and Hospital, Ranchi (hereinafter referred to as RMCH, Ranchi), has been cancelled and respondent No. 6 Dr. Jawahar Prasad Gupta has been posted in place of the petitioner, and also for quashing the order dated 4.11.96, as contained in Annexure 6/A, by which Notification No. 476 (17)/H, dated 25.6.1986, as contained in Annexure 2, has been cancelled, by which the petitioner was appointed on the post of Assistant Professor in Paediatric Surgery, RMCH, Ranchi.

(3.) MR . Anil Kumar Sinha, learned Counsel for the petitioner, further submitted that just to accommodate respondent No. 6 the impugned notifications as contained in Annexure 6 and 6/A were issued by the State Government cancelling the appointment of the petitioner on the post of Assistant Professor in Paediatric Surgery, out of 1983 Panell. Learned Counsel further submitted that the orders as contained in Annexure 6 and 6/A are highly arbitrary and unreasonable, as the same could not have been issued after a lapse of almost eleven years when the petitioner was continuously functioning on the post as such. Learned Counsel also submitted that once the petitioner was appointed on the post as such after due advertisement and after facing the interview, the orders impugned could not have been issued even without affording an opportunity of being heard to the petitioner, and, accordingly, the orders impugned are violative of the principles of natural justice.