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Judgment
Mr. Ajit Singh, C.J.—This is an application for review of order dated 14.5.2015 passed by the Division Bench of this Court in WA No.383/2014.
There is an inter-se-dispute between the petitioner and Smti. Manju Prava Gogoi for the post of regular Headmaster in Duliajan Uccha Vidyalaya M.E. School.
It appears that vide order dated 9.10.2014, the Director of Elementary Education, Assam promoted Smti. Manju Prava Gogoi as Headmistress of the school, in question and promoted the petitioner as Headmaster in another school, which is situated more than 60 kms from his house.
Aggrieved, the petitioner filed WP(C) No.5065/2014 in which the learned Single Judge by an interim order dated 5.11.2014 has stayed the operation of the order dated 9.10.2014. Smti.Manju Prava Gogoi challenged the order dated 5.11.2014 in WA No.383/2014 and the Division Bench by the impugned order dated 14.5.2015 without any show cause notice to the petitioner, has allowed the appeal and vacated the stay order dated 5.11.2014.
The learned counsel appearing on behalf of Smti. Manju Prava Gogoi, could not deny the fact that the Division Bench has allowed her appeal without issuing any show cause notice to the petitioner. The order dated 14.5.2015 has thus been passed in utter violation of principles of natural justice. We accordingly set aside the order dated 14.5.2015 and restore the appeal to its original file for afresh hearing.
The petition is allowed.