MADAN GOPAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS had filed this writ petition for quashing the notification issued by the State Government, Department of Forest and Environment vide memo No. 3056 dated 1.8.1998 (Annexure -5), whereby and whereunder promotion order of petitioners along with Ram Bishun Singh was cancelled.

(2.) THOUGH , petitioners have raised several points but Mr. A.K. Sinha, learned senior counsel appearing for the petitioners, submitted that the said order was passed without any notice or show cause to the petitioners. He further submitted that other person Ram Bishun Singh filed a writ petition challenging the self same order being CWJC No. 2272 of 1998 (R), which was disposed of on 18.11.1998 for passing a fresh order after giving reasonable opportunity of hearing. Mr. Sinha prayed for a similar order.

(3.) IT appears that in the case of Ram Bishun Singh [CWJC No. 2272 of 1998 (R)] also. it was pointed out that the promotions of Ram Bishun Singh was in violation of statutory Rules. Even then, this Court set aside the impugned order for passing a fresh order after giving opportunity of being heard to Ram Bishun Singh. There is nothing to show that judgment of Ram Bishun Singh has been set aside. In that view of the matter, judicial propriety demands that similar order be passed in the present case.