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Madhya Pradesh High Court · body

1992 DIGILAW 596 (MP)

Shyamlal v. Director, Local Bodies

1992-09-24

R.D.SHUKLA, V.S.KOKJE

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JUDGMENT It has been submitted by the counsel for the petitioner that the principles of natural justice have not been observed. The petitioner has not been given opportunity of hearing as no notice was given to him. It has also been submitted that the Assistant Director is not an appellate authority and, therefore, the order of reversion was without jurisdiction. As against it learned counsel for the State has submitted that the promotion order was referred to the Government in its general power of supervision and control. Administration found the promotion to be irregular and, therefore, the order for reversion was passed. Shri Narain Rao Deshmukh and Babulal Jain were joined as respondent Nos. 4 & 5. However, both of them are not in service now and, therefore, counsel for the petitioner prayed for deletion of their names. It has further been submitted that now there is no other claimant for the post of revenue Sub-Inspector and as such the order of promotion passed by the C.M.O. on the basis of recommendation of District Selection Committee of the Municipal Counsel, Sbujalpur should be restored. It has again been submitted by the counsel for the State that order of promotion being not in accordance with the rules cannot be restored on the basis of subsequent changes. It is an estblished principle of natural justice that whenever an order, adverse to the interest of a person is proposed or is required to be passed he should be given a fair opportunity of hearing. The petitioner was promoted to the post of Revenue Sub-Inspector and was working as such. He was drawing the salary of Revenue Sub-Inspector immediately after his promotion. But, while considering the legality and propriety of the promotion order the petitioner was neither given a notice nor given an opportunity of hearing. The order passed at the back of the petitioner and without notice cannot be sustained. Now, so far as the restoration of the earlier order of promotion is concerned, that is for the respondents to consider and if the petitioner is found fit and qualified on the date of earlier order he may be given promotion with retrospective effect. As a result, the petition is allowed. The order of Assistant Director (Annexure-I) is quashed and it is directed that the petitioner shall be given an opportunity of hearing after issuing due notice before passing any order against him. As a result, the petition is allowed. The order of Assistant Director (Annexure-I) is quashed and it is directed that the petitioner shall be given an opportunity of hearing after issuing due notice before passing any order against him. In case the petitioner is found qualified on the date of promotion he may be given promotion with retrospective effect including pay and allowances. However, if he is not found fit for the promotion on earlier date he may be allowed to draw salary of a higher post for the period he has worked as such. Petition allowed.