AMARESHWAR SAHAY, J. - (1.) IN this application the petitioner has prayed for quashing of the order dated 28.2.1995 as contained in Annexure -3 to the writ application whereby promotion of the petitioner to the post of Foreman (Mechanical) has been cancelled with retrospective effect by order dated 18.2.1985 as contained in Annexure -2 i.e. after ten years.
(2.) THE petitioner was initially appointed as Machanic on 15.10.1996. By office order dated 18.2.1985 as contained in Annexure -2 to the writ application, the petitioner was promoted to the post of Foreman (Mechanical) on ad hoc basis considering his seniority and thereafter by issuance of Annexure -3 i.e. the order dated 28.2.1995 his promotion to the post of Mechanical Foreman was cancelled. The learned counsel for the petitioner has challenged the said order and has raised very short point that before issuance of the impugned order of cancellation of promotion of the petitioner, no notice of any kind or a chance of being heard was given to him and therefore, it was clearly in violation of principles of natural justice.
(3.) IN support of his submission the learned counsel for the petitioner has relied on the decision in the case of Ram Ujarey V/s. Union of India, AIR 1999 SC 309 and also the in the case of Lagadeo Prasad V/s. Bihar State Electricity Board and others, reported in 2001 (2) JCR 76 (Jhr).;