AMRESHWAR PRATAP SAHI,J. - (1.) HEARD learned counsel for the petitioner, the learned Standing Counsel for the respondent nos. 1, 2 and 3 and Sri J.K. Srivastava for the respondents no. 4.
(2.) THE challenge is to the order dated 4th March 2008 whereby the Director, Department of Animal Husbandry, U.P. Lucknow has rejected the claim of promotion of the petitioner and has cancelled it on the ground that it has been done in violation of the U.P. Animal Husbandry Department Ministerial Service Rules, 1981. Learned counsel for the petitioner submits that apart from the other issues raised in the writ petition the primary ground on which the order deserves to be set aside is that the same is in violation of principles of natural justice. It has been alleged in Paragraph 15 of the writ petition that the Director before passing of the order did not provide any opportunity of hearing and it is further submitted that the order proceeded on the strength of a report submitted by the Finance Controller dated 11th February 2008 about which the petitioner had no knowledge. It is accordingly prayed that the order be set aside and the matter be remitted back to the Director for decision afresh.
(3.) LEARNED counsel for the petitioner further submits that the stand taken in the counter affidavit of the respondents no. 1, 2 and 3 that the petitioner had been given opportunity by the Deputy Director, Finance Controller and the Joint Director is erroneous inasmuch as none of them did hear the matter and the Finance Controller's report has been made the basis who had get nothing to do with the hearing of the claim of the petitioner.;