MOHD IQBAL Vs. STATE

JUDGEMENT

(1.) Precise question for consideration is whether promotion order can be revoked without hearing an employee?

(2.) It appears that petitioner was working as Head Constable in the year 2002, came to be promoted as Assistant Sub Inspector vide Government Order no. 844 of 2002 dated 16th of July' 2002. Thereafter, respondents at his back, passed an order No. 497 of 2004 dated 11th of November' 2004 whereby and where-under the said promotion order came to be recalled-rescinded. Feeling aggrieved, petitioner questioned the same on the grounds taken in the writ petition.

(3.) Respondents have filed reply. They have accepted it in para 2 of the reply, that nothing adverse was reflected against the petitioner when his case was considered for promotion. Thus, the promotion came to be granted after due deliberations and considerations. According to the respondents, some departmental inquiry was pending against the petitioner and Departmental Promotion Committee (for short "D.P.C") has not made recommendation in his favour, which made the respondents, after lapse of two years, to pass the impugned order.