MATIUR RAHMAN Vs. ASSAM STATE CO OPERATIVE AGRICULTURE AND RURAL DEVP BANK LTD

JUDGEMENT

(1.) Heard Mr. P.P. Das, learned counsel, on behalf of Mr. N.S. Deka, appearing for the petitioners, 2 in number, and Mr. A.K. Sarma, learned Standing Counsel for the ASCARD Bank Ltd. - respondents.

(2.) The facts of the case in a short compass are as follows: Petitioner No. 1, Md Matiur Rahman, was initially appointed as peon under the Respondent-Department by virtue of a related order dated 10.5.1993 on temporary basis and, thereafter, he was posted as a security personnel under a related order dated 7.12.1993 issued by the authority concerned and he was transferred and posted at Nalbari Branch of ASCARD Bank Ltd., as supervisor in-charge. Likewise, petitioner No. 2, Md. Riazuddin Ahmed, was initially appointed as a security personnel for a period of 4 months and, thereafter, his services were extended from time to time as seen in document marked Annexures- 'E' to' J'. It is also the case of the petitioners that without any justification, the respondent- authority degraded the petitioners from the posts of security personnel to the posts of Sub-staff under Grade-IV category by virtue of the impugned order dated 31.10.1997 issued by the Chief Executive Director of the respondent- Department as seen in document marked Annexure-'K' to the writ petition.

(3.) Supporting the case of the petitioners, Mr. P.P. Das, learned counsel, contended that the impugned order of degradation dated 31.10.1997is violative of the principle of natural justice as no prior notice was given to these writ petitioners and no reasonable opportunity of being heard was ever afforded to them befere issuing the impugned order of degradation, and on this count alone the impugned order deserves to be quashed.