D.N.PATEL, J. - (1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by learned Single Judge in W.P.(S) No.2136 of 2013 dated 8th April, 2015, whereby the petition preferred by the present appellant was dismissed by the learned Single Judge. Hence, the original petitioner has preferred the present Letters Patent Appeal. The promotion granted from the post of Peon to Clerk in 1994 has been withdrawn in 2013 by the Government. Appellant retired on 30.06.2013. This action of the Government has not been quashed, hence, this Letters Patent Appeal.
(2.) Factual Matrix This appellant (original petitioner) was appointed as Class-IV employee with the respondents-erstwhile State of Bihar on 1st June, 1976. On 16th August, 1990 ad hoc promotion was given to this appellant on the post of clerk (Annexure 2). This ad hoc promotion was further continued vide order dated 13th March, 1993 and ultimately an order was passed that till the regular clerk is appointed, the ad hoc promotion given to this appellant will be continued. Vide order dated 14th September, 1994 (Annexure 6), the appellant was promoted on the post of Clerk. This order was passed by the District Education Officer, Ranchi. Thereafter, this appellant (original petitioner) continued on the post of Clerk till the order of demotion was passed i.e. 18th February, 2013 (Annexure 11). The order of demotion dated 18th February, 2013 (Annexure 11) which was passed after approximately 19 years of promotion was challenged by this appellant in W.P.(S) No. 2136 of 2013 on several grounds including the ground that no notice for demotion was given to this appellant. Few facts sought for from this appellant vide letter dated 15th January, 2013 (Annexure 9), is not a notice at all for the demotion and this aspect of the matter has been mentioned in paragraphs 25 and 26 of the writ petition. Without appreciating these aspects of the matter, the writ petition has been dismissed by the learned Single Judge and, hence, the original petitioner has preferred the present Letters Patent Appeal. This appellant has retired on 30th June, 2013.
(3.) Argument Canvassed by the Counsel for the Appellant It is submitting by the counsel for the appellant (original petitioner) that the promotion was given to this appellant (original petitioner) on the post of clerk on 14th September, 1994. This appellant was serving as a peon from 01.06.1976. After getting promotion, never any objection was raised by anyone, much less the respondents-Government and the work of the appellant (original petitioner) was found upto the mark of satisfaction and there is no allegation of any misconduct committed by this appellant, nor there is any allegation upon this appellant that any fraud has been played by this appellant. The promotion given to this appellant on 14th September, 1994 has been withdrawn on 18th February, 2013, i.e. after approximately two long decades, without giving any notice of demotion. Counsel for the appellant further submitting that "limited examination" for the promotion has never been conducted by the respondents-State. It is further stated by the counsel for the appellant (original petitioner) that from this appellant (original petitioner), some documents were sought for. This communication is 15th January, 2013 (Annexure 9). Looking to the said communication, it is about certain documents to be presented by this appellant, but, the said communication cannot be labelled as 'show cause notice of demotion' from Class-III post to Class-IV post. This aspect of the matter has not been properly appreciated by the learned Single Judge while dismissing the writ petition preferred by this appellant. These grounds have already been taken in paragraphs 25 and 26 of the writ petition. After rendering approximately two decades of service on a promotional post of clerk, this appellant cannot be demoted on the post of a Peon and that too, without giving any show cause notice for the demotion and, hence, the order passed by the learned Single Judge deserves to be quashed and set aside. ;