DIGVIJAY NARAYAN SINGH Vs. CENTRAL COALFIELDS LTD.THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR
LAWS(JHAR)-2004-9-40
HIGH COURT OF JHARKHAND
Decided on September 29,2004

Digvijay Narayan Singh Appellant
VERSUS
Central Coalfields Ltd.Through Its Chairman -cum -managing Director, Darbhanga House, Ranchi Respondents

JUDGEMENT

- (1.) HEARD Mr. Saurav Arun, learned counsel for the petitioner and Mr. P.K. Appu, learned counsel appearing for all the respondents and with their consent this writ petition is being disposed off.
(2.) THE petitioner is aggrieved by the petition dated 4.4.2002 (Annexure 4) by which his promotion, granted on 11.8.1997, to the post of Surveyor (Mines) (Grade 'A ') was cancelled and he was reverted to his original post, i.e.. Deputy Surveyor (Mines) (Grade 'B '). Upon a perusal of the impugned order, as contained in Annexure 4, it is evident that the reasons for passing the aforementioned order are as follows : That the promotion from Grade 'B ' to Grade 'A ' was granted in violation of circular dated 9/17.1.1991, which, inter alia, laid down that such promotion can be given only at the Company level whereas the petitioner was promoted to the post of Surveyor (Mines) (Grade 'A ') on the basis of a Departmental Promotion Committee held in Kuju Area. It was in that context that the order of promotion was cancelled.
(3.) LEARNED counsel for the petitioner submitted that the impugned order is in violation of the principles of natural justice as no notice was given to the petitioner prior to the issuance thereof Mr. P.K. Appu was not able to dispute the said submission nor any statement has been made in the counter affidavit to the effect that any notice was given to the petitioner prior to the issuance of he impugned order. This Court is, therefore, left with no option but to quash the impugned order dated 4/6.5.2002 as contained in Annexure 4 by which the promotion granted to the petitioner to Grade 'A ' was cancelled.;


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