1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3853 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. M.M. Joshi, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. ................................ CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 PER COURT : 1. In spite of duly served, none appears for respondent nos. 5 to 10. 2. The petitioner challenges the order passed by respondent no. 4 dated 27/5/1998, thereby allowing the Appeals filed by respondent nos. 5 to 10. 3. The petitioner was initially appointed as Sr. Assistant ( Account ) on 5/6/1981. On 1/7/1997, the petitioner was given 2 promotion on the post of Dy. Accountant ( Jr. Accounts Officer ). Accordingly, the petitioner was promoted vide order dated 1/7/1996 and the petitioner is thereafter working on the said post at Jintur. However, it appears that respondent nos. 5 to 10 challenged the promotion order of the petitioner and 3 other persons. By the impugned order, the said Appeals were allowed by respondent no. 4. The perusal of the order would reveal that neither the petitioner nor other 3 persons , whose promotions were challenged, are impleaded as party respondents. As such, the order came to be passed by respondent no. 4 without giving an opportunity of hearing to the petitioner. 4. It is the settled law that no order can be passed without giving opportunity of hearing to the person concerned. Since the order impugned are passed without giving an opportunity of hearing to the petitioner, the same is not sustainable in law. 5. In that view of the matter, the impugned order is quashed and set aside. The Appeals are remitted back to respondent no. 4 for considering the same afresh in accordance with law after giving an opportunity of being 3 heard to the petitioner and others. 6. The appellate authority shall decide the appeal within the period of 3 months from today. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 3853.98