- (1.) LEARNED counsel appearing on behalf of the petitioner submitted that without giving an opportunity of being heard to the present petitioner, the vested right, accrued to the petitioner, approximately before a decade by way of time bound promotion, has been withdrawn unilaterally by the concerned respondent authority, vide office order dated 9th February, 2005, as communicated to the petitioner vide Memo No. 170 dated 9th February, 2005 (Annexure 5 to the memo of petition).
(2.) HAVING heard learned counsel for both the sides and looking to the fact and circumstances of the case, the impugned order passed by the concerned respondent authority dated 9th February, 2005, at Annexure 5 to the memo of present petition, is hereby quashed and set aside, mainly for the following facts and reasons: a.The petitioner was given the benefit under Time Bound Promotion scheme with effect from 10th September, 1995 and was getting salary of the promotional post. b. The petitioner was discharging his duties satisfactorily with the concerned respondent authorities and no grievance was ever made about the services rendered by the petitioner. c.Without giving an opportunity of being heard to the petitioner, the benefit accrued to the petitioner, was withdrawn and, thus, there is a violation of the principles of natural justice. Neither any show cause notice was given nor any opportunity of being heard was given to the petitioner. As a cumulative effect to the aforesaid facts and reasons, I hereby quash and set aside the decision, taken by the concerned respondent authority dated 9th February, 2005 (Annexure 5 to the memo of petition), whereby, the benefit 2. given to the present petitioner has been withdrawn. However, liberty is reserved with the respondent authority to hold enquiry and to pass a reasoned speaking order, in accordance with law, after giving an adequate opportunity of being heard to the petitioner, if the respondents so choose.
(3.) IN view of the aforesaid observations, this writ petition is, accordingly, allowed, to the aforesaid extent.;