- (1.) This Letters Patent Appeal is preferred against the order dated 06.09.2012 passed in W.P.(S) No. 477 of 2010, in and by which, the writ petition filed by the 1st respondent was allowed and the orders dated 17.11.2009 and 31.12.2009 cancelling the promotion of the 1st respondent, was quashed by the learned Single Judge. Brief facts:-The 1st respondent-writ petitioner was working as Class IV employee in the office of Superintending Engineer, Road Construction Department and was granted promotion on Class III post as Accounts Clerk on the recommendation of the Circle Establishment Committee on 05.10.2007. Stating that the guideline in Government Circular Resolution No. 2215 dated 11.02.1985 was not followed while granting promotion, the Deputy Secretary, Road Construction Department issued show cause notice to the 1st respondent on 17.11.2009 and the same officer-Deputy Secretary, Road Construction Department by letter dated 17.11.2009 directed the Superintending Engineer to cancel the promotion of the 1st respondent. Pursuant to same, vide letter dated 31.12.2009, the Superintending Engineer cancelled the promotion of 1st respondent. Being aggrieved by show cause notice dated 17.11.2009 and order of cancellation of promotion dated 31.12.2009, the 1st respondent-writ petitioner preferred writ petition, being W.P.(S) No. 477 of 2010. Vide order dated 06.09.2012, the learned Single Judge allowed the writ petition and quashed the letter dated 17.11.2009, whereby respondent no. 2 had issued show cause notice to the 1st respondent-writ petitioner and order dated 31.12.2009, whereby the promotion given to the 1st respondent-writ petitioner, on the ground that there is violation of principles of natural justice was cancelled. The learned Single Judge further directed that any amount already recovered shall be refunded to the 1st respondent-writ petitioner within 30 days from the date of passing of the order and if the refund is not made within 30 days, the 1st respondent-writ petitioner was directed to be paid interest @ 10% per annum till the actual payment is made to the 1st respondent-writ petitioner.
(2.) Being aggrieved by the order passed by the learned Single Judge allowing the writ petition and quashing the order of show cause notice dated 17.11.2009 and order of cancellation of promotion of the 1st respondent-writ petitioner dated 31.12.2009, the appellant-State has preferred this Letters Patent Appeal.
(3.) We have heard Mr. Rajesh Shankar, learned Government Advocate appearing for the State of Jharkhand and Mr. Deepak Kumar Dubey appearing for the 1st respondent.;