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2011 Supreme(Jhk) 651

POONAM SRIVASTAVA
Nagendra Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


ORDER

Mrs. Poonam Srivastav, J.

1. By the Court.--Heard Mr. Jai Prakash. senior advocate assisted by Mrs. Chaitali C. Sinha, on behalf of the petitioner, and Mr. Niranjan Singh, on behalf of the Zila Parishad. The State counsel is also present. Pleadings are complete and, as agreed between the respective learned counsel, the writ petition is decided finally.

2. Prayer in the instant writ petition is for quashing the order dated 19th December, 2009 (Annexure 13) issued by respondent No. 4, served upon the petitioner on 25th January, 2010. whereby the order of promotion of the petitioner from the post of Junior Engineer to Assistant Engineer dated 11th February, 2009 (Annexure 12) stands cancelled.

3. The grievance of the petitioner is that the cancellation of order of promotion is illegal and it has been passed without issuing a show cause notice or any opportunity of hearing. The grounds mentioned in the impugned order are also non-existent and, therefore, the order is patently wrong and is liable to be quashed. Annexure 1 is a list of Junior Engineers working in Zila Parishad. Dhanbad, prepared on 15th June, 1984. The name of the petitioner figures at serial No. 9 in the said list.

4.




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