Lagadeo Prasad vs Bihar State Electricity Board And … on 24 January, 2001

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Jharkhand High Court
Lagadeo Prasad vs Bihar State Electricity Board And … on 24 January, 2001
Author: S Mishra
Bench: S Mishra


ORDER

S.N. Mishra, J.

1. After having heard the learned counsel for the parties and going through materials on record, including the order under challenge, this writ application is being disposed of at the time of admission itself. In this case the prayer of the petitioner is for quashing the orders dated 13.2.1995 and 1.3.1995 by which the respondents 3 and 5 respectively have cancelled the order dated 25.1.1990 by which the petitioner has been promoted with effect from 1.4.1997. It is submitted that the petitioner was promoted, vide office order dated 23.11.1983. It is further submitted that petitioner was granted seniority vide order dated 25.1.1990. The copy of the order is contained in Annexure-4 to this writ application. Surprisingly, the order of promotion given to the petitioner sought to be cancelled by order dated 13.2.1995, as contained in Annexure-6 to this writ application. The only submission of the learned counsel for the petitioner is that though, the petitioner was given promotion as far back as in the year 199Q yet the respondent authority has cancelled the same in the year 1995 and that too without giving any notice to the petitioner. In the light of the submission. I have perused the pleading of the parties, including the order under challenge wherefrom it appears that the submission of the learned counsel is well founded. Accordingly, without going into the merits of this case, at this stage, the orders dated 13.2.1995 and 1.3.1995 as contained in Annexures 6 and 7 are hereby quashed. If the authority so desires, may proceed in accordance with law, without being prejudiced by the Court of this Court. This writ application is accordingly allowed to the extent indicated above.

2. Writ application allowed.

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