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PRABHAT KUMAR SINGH
Shekhar Prasad Son of Sheo Nath Ram – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
1. Heard counsel for the parties.
2. This writ petition has been filed by the petitioner for following reliefs:-
(ii) for quashing the entire departmental proceeding initiated against the petitioner vide Samastipur district order No. 1241 of 2017 dated 28.08.2017 contained in Memo No. 5510/GO issued under the signature of the respondent no. 5 whereby the petitioner has been charged for dereliction of duty.
(iii) for seeking direction upon the respondents not to disturb promotion granted to the petitioner vide office order dated 30.08.2017 contained in Memo No. 17/324988/P-1 passed by the respondent.
(iv) for any other appropriate reliefs for which the petitioner is found entitled either in eye of law as well as on facts and circumstances of the case.”
3. A ve
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.
Unserved and unproduced promotion cancellation order cannot deny retired employee's cadre benefits.
Promotion cannot be denied if no charge memo is pending against an employee; actions taken on procedural flaws may be considered arbitrary and illegal.
The withdrawal of a promotion without providing an opportunity to be heard violates the principles of natural justice. Qualification and eligibility for promotion should be determined in accordance w....
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