RAMASHANKAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The short question involved in this writ petition is, whether the order dated 20.04.2005 passed by the Secretary, Cooperative Department, Government of Jharkhand is liable to be quashed on the ground of violation of principles of natural justice.

(2.) The petitioner was appointed in the Cooperative Department, Government of Bihar as a Class IV employee (Peon). Since 1989, the petitioner was officiating on the post of Routine Clerk. On a representation made on 21.08.2003 by the petitioner to the Secretary, Cooperative Department, Government of Jharkhand, interdepartmental correspondence took place and it was found that there were five vacancies of Clerk of Class III posts and such posts were State Cadre posts. The Secretary, Co operative Department, Government of Jharkhand issued order dated 04.11.2003 for promotion of the petitioner to the post of Assistant and the petitioner joined the said post on 22.11.2003. Order dated 04.11.2003 clearly indicates that the petitioner has been granted promotion in terms of Resolution No. 2215 dated 11.02.1985. Subsequently, the petitioner was sent on deputation on 28.11.2003 to the office of Deputy Secretary, Cooperative Department, Government of Jharkhand. The petitioner was granted increment while discharging his duty on the post of Clerk. However, the promotion granted to the petitioner to the post of Clerk was cancelled by order dated 20.04.2005 issued by the Secretary, Cooperative Department, Government of Jharkhand.

(3.) A counteraffidavit has been filed by the Respondent State of Jharkhand taking a plea that the promotion given to the petitioner on the Class III post was in violation of Clause 7.2 of Resolution No. 2215 dated 11.02.1985.