JUDGMENT
Tapen Sen, J.
1. Heard Mr. A.K. Sahani, learned counsel for the petitioners and Mr. Sarvendra Kumar, JC to GP 1.
2. The grievance of the petitioners in the instant case is that they have been reverted vide an order issued under the signature of the Civil Surgeon-cum-Chief Medical Officer, Hazaribagh (respondent No. 3) purportedly upon an order of the Deputy Commissioner dated 2.6.1993. The impugned order is contained at Annexure 4 to the writ application.
3. At paragraph 14, the petitioners have made a specific statement to the effect that they were not served with the letter of the Deputy Commissioner passed on 2.6.1993 (which has been referred to in the impugned order) nor were they ever afforded any opportunity of hearing before the issuance of the aforementioned letter/order dated 2.6.1993 nor were they given any opportunity of hearing or notice prior to the issuance of the impugned order of reversion dated 9.6.1993. In fact, the petitioners have specifically submitted and stated that they were not even given an opportunity to explain that their promotions were, in fact, proper and as such, they should not be reverted.
4. A counter affidavit in the instant case has been filed but paragraph 14 of the writ petition has not even been touched.
5. It is also apparent that after having been appointed, the petitioners were given promotion.
6. On perusal of the impugned order it is not known as to how the order was passed without giving notice or adequate opportunity of hearing to the petitioners.
7. In that view of the matter, the impugned order dated 9.6.1993 is hereby set aside. Consequently, the order/letter of the Deputy Commissioner referred to therein, i.e. he letter No. 1443-C dated 2.6.1993 will also be deemed to have been set aside. The parties have agreed that the matter be remanded to the Secretary, Department of Healthy, Government of Jharkhand.
8. In that view of the matter the petitioners are given liberty and directed to file
individual representations before the Secretary, Department of Health, Government of Jharkhand for redressal of their grievances within a period of four weeks from today. Upon receipt of such representations and within a period of six months thereafter, the Secretary shall pass a reasoned order in accordance with law after giving all adequate and reasonable opportunity of hearing to the petitioners. For the convenience of all the parties concerned, it is further directed that all representations must be in individual capacities and must be filed on the same day.
With the aforementioned observations
and directions this writ petition is disposed
off.