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1980 Supreme(HP) 80

V.P.GUPTA
DUNI CHAND – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Petitioners:Miss Kamlesh Sharma, Advocate. For the Respondents:Advocate: General with Shri H. K. Paul.

JUDGMENT

V. P. Gupta, J.—Duni Chand petitioner has filed this writ petition with a prayer that the order, Annexure B, which was received by the petitioner on 19th February, 1973, be quashed.

2. The brief facts are that the petitioner was appointed as a Mai! Runner in the Forest Department of Himachal Pradesh Government m December, 1961 and was thereafter promoted as a Chowkidar in the month of April, 1963. It is further alleged that he was promoted by order, dated 29th July, 1970 as a Forest Guard (copy Annexure A), and from 1970 onward he was discharging the duties of a Forest Guard. The petitioner further alleges that he received a communication on 19th February, 1973, informing him that he has been demoted to the post of a Chowkidar (copy of the said information is Annexure B). The petitioner has prayed that the order contained in Annexure B by which he has been demoted as a Chowkidar from his post of Forest Guard is without jurisdiction and is in violation of the fundamental rights of the petitioner. It is also alleged that the said order has been passed in violation of the principles of natural justice in so much so that the petitioner was not given a hearing before issuance of









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