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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
Ranjeet Kumar Singh S/o Ramavatar Singh – Petitioner
Versus
The State of Bihar through the Principal Secretary – Respondent
Civil Writ Jurisdiction Case No.6167 of 2020
Decided On : 08-02-2021
Service law – Promotion – Cancellation of promotion without show-cause – No opportunity of hearing much less any show cause was issued to petitioner before passing impugned order cancelling promotion granted to him about 31 years back – Petitioner has been precluded from submitting his defence, resulting in violation of principles of natural justice – Order of Civil Surgeon-cum-CMO is not sustainable, accordingly quashed – Petition allowed. (Para 4)
JUDGMENT :
1. The present writ petition has been filed for quashing Memo No. 7257, Gaya dated 21.03.2020 issued under the signature of the Civil Surgeon-cum-Chief Medical Officer, Gaya by which the promotion granted to the petitioner vide Memo No. 248 dated 08.02.1989, has been cancelled after a lapse of 31 years. Shorn of the details it would suffice to state that the short pointed raised by the learned counsel for the petitioner Mrs. Ritika Rani is that the said order dated 21.03.2020 passed by the respondent no. 4, has a far reaching effect inasmuch as it not only has adverse civil consequences but also has serious financial implications, as far as the petitioner is concerned, nonetheless, the same has been passed without issuance of any show cause notice to the petitioner herein, in order to enable him to put forth his wholesome defence resulting in violation of the principles of natural justice, hence the impugned order dated 21.03.2020 is fit to be set aside.
2. The learned counsel for the State has not been able to controvert the submissions made by the learned counsel for the petitioner and has in fact admitted that no show cause was issued to the petitioner prior to passing of the impugned order dated 21.03.2020, whereby and whereunder the promotion granted to the petitioner vide Memo dated 08.02.1989, has been cancelled.
3. I have heard the learned counsel for the parties and gone through the materials on record from which it is apparent that no opportunity of hearing much less any show cause was issued to the petitioner by the respondents before passing the impugned order dated 21.03.2020, cancelling the promotion granted to the petitioner about 31 years back, hence this Court finds that the petitioner has been precluded from submitting his defence, resulting in violation of the principles of natural justice, hence the order contained in Memo No. 7257, Gaya dated 21.03.2020 issued by the Civil Surgeon-cum-Chief Medical Officer, Gaya is not sustainable in the eyes of law, thus the same is accordingly quashed.
The writ petition stands allowed.
Violation of the principle of natural justice by cancelling the promotion without providing the petitioner an opportunity to be heard.
Violation of the principle of natural justice by cancelling the promotion without providing an opportunity of hearing to the petitioner.
The court upheld the principle that a petitioner is entitled to the benefits of a promotion as per previous orders and should not be deprived of such benefits, especially after retirement.
Point of Law : Court quashing an administrative decision without substituting its own decision, and is to be contrasted with an appeal where the appellate tribunal substitutes its own decision on the....
Cancellation orders must contain reasons; cannot be justified by later affidavits. Non-speaking orders invalid.
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