1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : D.B. CIVIL WRIT PETITION NO.2488/2010 (Bishakha Singh Vs. U.O.I. & Ors.) Date of Judgment : 15.03.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.K. Malik, for the petitioner. Heard learned counsel for the petitioner and perused the order impugned dated 27.2.2008 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur. In para 23 of the order impugned, it has categorically been held by Tribunal that the action of the respondents is in violation of the principles of natural justice and if the petitioner's date of promotion was to be changed then at least notice to show cause was required to be given to the petitioner. Therefore, learned Tribunal while directing respondents to issue show cause notice has granted an opportunity to the petitioner to file reply to the show cause notice, thereafter, upon filing reply by the petitioner to decide the matter with regard to 2 change in the promotion date. In our opinion, no error has been committed by the Tribunal while passing the impugned order. This petitioner has been filed by the petitioner under apprehension that authority is determined to pass adverse order against him and he will loose seniority, therefore, this Court should interfere in the matter. In our opinion, the apprehension of the petitioner is totally unfounded. It is the duty of the competent authority to pass appropriate order in accordance with law as directed by the Tribunal for the purpose of change in the date of his promotion and seniority. Therefore, it is expected from the respondents that they will comply with the order passed by Tribunal within the stipulated time. It is made clear that the consequences with regard to seniority and promotion shall be determined as per fresh order passed by the competent authority. With the above observation, this petition is disposed of. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun