WP(C) 633/2007 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. R. Sarma, the learned Counsel for the petition er as well as Mr. D. Saikia, the learned counsel appearing for the respondents. The petitioner, by the present petition, has challenged the order dated 07-12-2006 passed by the Joint Director of Health Services, Kamr up, Guwahati cancelling the order of promotion dated 06-07-2006, whereby and whe reunder he has been promoted from Grade-IV post to the post of Grade-III post, n amely Dresser. The challenge is made basically on the ground of violation of th e principles of natural justice, as according to the petitioner, though pursuant to the order of promotion dated 06-07-2006 he joined the promotional post on 07 -07-2006, the Joint Director of Health Services cancelled such order of promotio n vide order dated 07-12-2006 without issuing any notice and thereby depriving t he petitioner an opportunity of being heard. The petitioner, who claims to be appointed on 18-11-1990 as Grade-IV staff in the Office of the Chief Medical and Health Officer, Kamrup , Guwahati was promoted to a Grade-III post, namely Dresser, vide order dated 06 -07-2006 issued by the Joint Director of Health Services. The petitioner accord ingly joined his service on 07-07-2006 in the promotional post. The said order of promotion, however, has been cancelled by the Joint Director of Health Servic es by the impugned order dated 07-12-2006 on the ground that the petitioner is n ot the senior-most Grade-IV employee and hence he does not deserve to be promote d to the Grade-III post. As discussed above, according to the petitioner, the s aid order has been passed without issuing any notice and thereby depriving him a n opportunity of being heard. The respondent No.3, namely the Joint Director of Healt h Services, in the affidavit-in-opposition filed today, i.e. on 17-12-2009, has taken the stand that such order dated 07-12-2006 had to be passed on the basis o f a complain filed by one Md. Ramjan Ali, attached to Puthimari MPHC as the peti tioner was not the senior-most Grade-IV employee. The said respondent, however, has not denied the assertion of the petitioner in the writ petition that the im pugned order has been passed without issuing any notice. Since the petitioner was promoted vide dated 06-07-2006 and accordingly he joined the service in the promotional post, before cancellati on of such order of promotion, on the ground that the petitioner is not the seni or-most Grade-IV employee, a notice is required to be issued asking the petition er to show cause as to why the order of promotion should not be cancelled, so th at the petitioner gets the reasonable opportunity to demonstrate before the Auth ority concerned that he is the senior-most Grade-IV employee and the order of pr omotion was rightly passed. In the instant case, no notice or no opportunity of hearing was given to the petitioner before passing the impugned order dated 07- 12-2006. The petitioner in fact by virtue of the interim order passed by this C ourt is still continuing in the promotional post. In view of the above, the impugned order dated 07-12-200 6 passed by the Joint Director of Health Services is set aside. It is open to t he respondent Authorities to issue notice to the petitioner asking him to show c ause as to why the order of promotion should not be cancelled stating the ground for proposed cancellation. The petitioner may thereafter, file his explanation. It is also open to the respondent Authorities to pass appropriate order therea fter. The writ petition is accordingly allowed with the observ ation made above. No cost.