Amrit Lal Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3897 of 2017

1. Amrit Lal Sen S/o Lt. Shri Taman Lal Sen, Aged About 36 Years Working On The Post Of Assistant Grade I I, Govt. High School Sorid, R/o Sorid P.S. & Tahsil Mahasamund, District Mahasamund, Chhattisgarh

2. Nand Kishor Verma S/o Lt. Shri Prahlad Singh, Aged About 31 Years Working On The Post Of Assistant Grade I I, Govt. High School Lohardeeh, R/o Lohardeeh, P.S. & Tahsil Mahasamund, District Mahasamund, Chhattisgarh

3. Alok Dwivedi S/o Lt. Shri A.K.Dwivedi, Aged About 37 Years Working On The Post Of Assistant Grade I I, Govt. Higher Secondary School Sukhri-Dabri Block Bagbahra, District Mahasamund, Chhattisgarh

4. Brijesh Kumar Sharma S/o Lt. Shri B.P.Sharma, Aged About 37 Years Working On The Post Of Assistant Grade I I, Govt. Secondary School Tamora, P.S. & Block Bagbahara, District Mahasamund, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary School Education Department Mantralaya Mahanadi Bhawan, Capital Complex, Naya Raipur, Chhattisgarh

2. Collector, Mahasamund, District Mahasamund, Chhattisgarh

3. District Education Officer, Mahasamund, District Mahasamund, Chhattisgarh ---- Respondents Ms. Neha Verma, counsel for the petitioner/s. Shri Manish Nigam, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2017 The main ground of challenge to the impugned order is that the promotion order was canceled by the respondents without affording opportunity of hearing to the petitioners.

2.

In the return, the aforesaid factual position that opportunity was not afforded to the petitioners has not been disputed. The State counsel would fairly submit that it is a case which may require consideration as to why the petitioners were not

afforded opportunity of hearing and the matter may be remitted for due consideration of the authority after issuance of notice to the petitioner. 3.

Taking into consideration the submission of learned counsel for the parties, I am inclined to allow the petition only on the ground of principles of natural justice. The impugned order is accordingly quashed and the matter is remitted back for due consideration of the competent authority after affording opportunity of hearing to the petitioners.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti