ASHWANI KUMAR MISHRA, J. - (1.) This petition is directed against an order passed by the Principal Medical College, Kanpur Nagar dated 17.8.2019, whereby promotion offered to petitioners on 2.5.2018 has been cancelled.
(2.) The brief narration of facts would be relevant in order to examine the issue raised in this petition. It transpires on record that there exists three vacant posts of Driver in the medical college and its affiliated college. These posts were filled by promotion offered to three persons on 27.6.2015. The order dated 27.6.2015 was challenged in Writ Petition No. 37571 of 2015 and this Court proceeded to pass interim protection on 15.7.2015. The writ petition No. 37571 of 2015 was ultimately got dismissed as withdrawn on 21.2.2018. The promotion offered on 27.6.2015 , therefore, stood intact. The authorities, however, proceeded to cancel the promotion offered on 27.6.2015 by passing an order on 3.4.2018. This order dated 3.4.2018 was challenged by the aggrieved persons before this Court in Writ Petition No. 10490 of 2018 and the same was allowed vide following orders passed on 6.7.2018:- "Petitioner was a Class-IV employee, who was promoted under 20% promotion quota on the post of Driver. Promotion order was issued in favour of the petitioner on 27th June, 2015. This order was challenged before this Court by filing a writ petition, in which initially an interim order was granted, but the writ petition ultimately was dismissed as withdrawn. The petitioner appears to have approached the authority for allowing him to be reinstated, once the stay order was vacated and the writ petition was dismissed, but the promotion order itself has been cancelled. Aggrieved by it, petitioner is before this Court. Perusal of the order would go to show that absolutely no reasons have been disclosed as to why the order of promotion is being cancelled. No opportunity of hearing has otherwise been given to the petitioner. Once the order of promotion had been given effect to and the petitioner had been allowed to join, it was not open for the respondents to have cancelled the promotion order in the manner as has been done herein. While entertaining the writ petition, this Court had allowed time to learned Standing Counsel to obtain instructions on 24th April, 2018. The matter was again adjourned on two subsequent occasions, but learned Standing Counsel states that despite repeated intimation sent, the concerned authority has not responded. In such circumstances, this writ petition is taken up for final disposal. Considering the facts and circumstances, noticed above, as the order of promotion is not shown to be bad for any reason and no opportunity has otherwise been afforded to the petitioner, and as such the order cancelling promotion is found to be violative of the principles of natural justice. Order dated 3.4.2018 is, accordingly, quashed. Petitioner shall be allowed to continue on the promoted post. It shall, however, be open for the respondents to proceed further, in accordance with law. Writ petition, accordingly, is allowed."
(3.) During the pendency of the aforesaid Writ Petition No. 10490 of 2018, it appears that the authorities proceeded to undertake fresh promotion against the same three posts and the present petitioners were promoted on 2.5.2018. The judgment of this Court dated 6.7.2018 was also put to challenge by the Principal of the institution in Special Appeal ( Def.) No. 457 of 2019 and the appeal has been dismissed on 16.5.2019 vide following orders:- "1. Heard Sri P.K. Ganguli, Advocate, for appellant and Sri R.S. Chauhan, Advocate for petitioner-respondent. 2. This intra-Court Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as ?Rules, 1952") has arisen from judgment dated 06.07.2018 passed by learned Single Judge allowing petitioner's Writ Petition No. 10490 of 2018 and setting aside order dated 03.04.2018 whereby his promotion made on the post of Driver was cancelled without giving any show cause notice or opportunity and the learned Single Judge has found that it was a matter of violation of principles of natural justice. Learned counsel for appellant could not dispute that petitioner-respondent was actually promoted on 27.06.2015 and after almost two years and ten months, the said promotion was cancelled without issuing even a show cause notice or affording opportunity to petitioner-respondent. Hence, ex facie order was in utter violation of principles of natural justice and the law laid down by Apex Court in State of Orissa Vs. Dr. (Miss) Binapanni Dei and others 1967 AIR 1269 wherein Court said: "? even an administrative order which involves civil consequences ? must be made consistently with the rules of natural justice after informing the first respondent of the case of the State, the evidence in support thereof and after giving an opportunity to the first respondent of being heard and meeting or explaining the evidence. No such steps were admittedly taken; the High Court was, in our judgment, right in setting aside the order of the State." ;