GULAM RASOOL DIGOO Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition has been submitted praying to quash the order No. 1391 of 1991 dated 13.9.1991 with further prayer that the respondents be directed not to change the seniority position of the petitioner pursuant to the order dated 13.9.1991.

(2.) IT appears that the petitioner was initially appointed as Constable in the year 1967 in the Police Department. The petitioner was promoted as Head Constable in the year 1973 and thereafter he was promoted as Assistant Sub -Inspector in the year 1984. His promotion to the rank of ASI was issued vide PHQ order No. 1472 of 1986 dated 01.12.1986 with retrospective effect from 11.09.1980. The respondents meanwhile, realised that some mistake has been committed in giving retrospective effect to the seniority of the petitioner and as such issued order No. 1391 of 1991 dated 13 -09 -1991 whereunder the retrospective and the order No. 1472 of 1986 was cancelled. The petitioner prays for intervention to quash this order of withdrawl dated 13 -09 -1991.

(3.) LEARNED counsel for the parties submitted that once the order of promotion was accorded to the petitioner and had been acted upon, the same could not be withdrawn without affording an opportunity to the petitioner of being heard and in the absence of compliance to the natural justice the order withdrawing the, restrospective effect of promotion, and the benefits thereof, is bad and not maintainable under law.