RAM PRAVESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing Annexures -20 and 21, whereby the promotion of petitioner on the post of Statistical Investigator has been cancelled.

(2.) IT appears that petitioner was initially appointed on the post of Sanganak (Computer) on 20.04.1983 and accordingly, he joined on that post on 26.04.1983. It further appears that Civil Surgeon -cum Chief Medical Officer, Dhanbad (hereinafter referred as C.M.O.') asked Superintendent of various Sub -Divisional Hospital and Incharge Medical Officers of Primary Health Centres. Additional Primary Health Centres and Government Hospital to forward applications of Class -III and Class -IV employees for their promotion on higher posts. By Annexure -4, the C.M.O, Dhanbad asked the aforesaid Medical Officers to inform those class -III and class -IV employee, who applied for their promotion, to appear in interview on 16.05.1990. It is stated that the petitioner also appeared before the district Establishment Committee for interview. It is stated that District Establishment Committee recommended the name of petitioner for promotion on the post of Statistician.

(3.) IT is submitted by Dr. S.N. Pathak, Senior Advocate, appearing for the petitioner that once the petitioner was promoted on the recommendation of District Establishment Committee, the Chief Director. Health Services has no power to cancel the same and that too without giving the petitioner any opportunity of being heard,