- (1.) Leave granted. Heard the parties.
(2.) By order dated 24.1.2005, the appellant was promoted to the post of Technical Assistant Grade-I by the respondents. The said promotion was cancelled by office order dated 23.3.2005 and he was continued in the pre-promotional post of Technical Assistant Grade-II. No reasons were assigned in the order dated 23.3.2005 for cancelling the promotion. Nor was the appellant heard before cancellation of the promotion. Feeling aggrieved, the appellant approached the High Court in CWP No. 5026/2005 for quashing the cancellation dated 23.3.2005. The High Court, by order dated 16.2.2006, allowed the writ petition and quashed the cancellation order dated 23.3.2005, as being opposed to principles of natural justice. Liberty was reserved to the respondents to pass fresh orders in accordance with law, by observing the rules of natural justice, if so advised.
(3.) Thereafter, the respondents reconsidered the matter and passed an order dated 20.4.2006. The said order stated that when the case of the appellant was considered for promotion on 8.11.2004, the Zonal Promotion Committee had by inadvertence, without noticing the pendency of a minor penalty proceeding (initiated by issue of a charge-sheet dated 9.6.2004), had recommended his promotion; that in pursuance of it, the order of promotion was issued on 31.1.2005; that the said minor penalty proceeding was decided On 3.1.2005 holding him guilty and imposing a penalty of token recovery of Rs. 5,000/-; that as the minor penalty proceedings was pending when his case was considered for promotion, he could not have been recommended for promotion; and that therefore, his order of promotion was rightly cancelled. The said order directed that his case shall be placed before the next Zonal Promotion Committee.;