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2021 Supreme(Jhk) 167

DEEPAK ROSHAN
Krishn Chandra Raman – Appellant
Versus
State of Jharkhand through the Secretary, Drinking Water & Sanitation Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. J. P. Jha, Sr. Adv.
For the Respondent: Mr. Tarun Kumar Mahato, A.C to G.A. V

JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing the office order No.67 dated 19.08.2009; whereby the first time bound promotion granted to the petitioner and the benefits thereon accorded to him has been cancelled which was granted under the 4th Pay Revision Scheme of the State of Bihar way back in the year 1989.

3. Mr. J. P. Jha, learned senior counsel for the petitioner submits that the petitioner had retired on 31.07.2009 and after his retirement this order has been passed behind his back and order of recovery has also been passed. He further submits that the petitioner has not mis-represented anything for getting any extra benefit for time bound promotion and there is no fault of the petitioner in getting extra pay fixation.

Now the law is well settled; any order having civil consequences has to be passed after giving opportunity of hearing to the delinquent employee and following principle of natural justice.

4. Learned counsel for the respondent-State submits that the office order No.67 dated 19.08.2009 is wholly justified and has been issued pursuant to the guidel

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