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2024 Supreme(Online)(MP) 1572

HIGH COURT OF MADHYA PRADESH
Santosh Kumar Pawar – Appellant
Versus
State Of M.P. – Respondent


Advocates:
Jai Prakash Mishra,M.Irshad,R.Bohre,M.Sharma,Advocate General

ORDER

The present petition under Article 226 of the Constitution of India has been directed against the order dated 25.02.2008 passed by the respondent no.2, The Director, Directorate Training (ITI) M.P. Jabalpur, whereby the petitioner was demoted from the post of Assistant Grade-2 to the post of Assistant Grade-3 for the reason that the petitioner could not pass Hindi Type Writing Examination, which was mandatorily required for the promotion, while infact the petitioner has got through the said examination prior to the date of passing of the impugned order.

2. The aforesaid order has been assailed on the ground that the same has been passed without providing any opportunity of hearing and is against the principles of natural justice, therefore, is violative of fundamental rights as contemplated under Article 14, 16 and 21 of the Constitution of India, thus, deserves to be set aside.

3. Short facts of the case are that the petitioner was initially appointed on the post of LDC (type-writing) under the Clerical Services Grade-3, vide order dated 28.10.1993 and in compliance of the said order the petitioner had joined the services at Industrial Training Institute, Raghogarh. As per t

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