JUDGMENT 1. - Heard learned counsel for the petitioner. 2. In this writ petition, the main grievance of the petitioner is that he was substantively working on the post of Helper in respondent department and his case was considered by the Departmental Promotion Committee for promotion on the post of Pump Operator Grade II. The Departmental Promotion Committee after considering the candidature of the petitioner promoted him on the post of Pump Operator Grade II from the post of Helper vide order dated 19th of July, 2005 (Annex.4). 3. In pursuance of said order, the petitioner joined his duties on promotional post and thereafter abruptly without providing any opportunity of hearing, the Superintending Engineer, P.H.E.D., Circle Bhilwara issued impugned order dated 16.11.2006 (Annex.6) whereby the promotion order dated 19.7.2005 (Annex.4) was cancelled and it is ordered that petitioner is hereby reverted to the original post of Helper. 4. Learned counsel for the petitioner submitted that once candidature of the petitioner was considered by the Departmental Promotion Committee and Departmental Promotion Committee accorded promotion to the petitioner, then in the event of taking any action for reversion, at least, notice was given to the petitioner and matter was to be reconsidered by the Departmental Promotion Committee. 5. Learned counsel for the petitioner invited attention of this Court towards order dated 16.11.2006 (Annex.6) passed by the Superintending Engineer, P.H.E.D., Circle Bhilwara in which an assertion has been made in the order that matter of the petitioner for reconsideration was placed before the Departmental Promotion Committee for review to revert the petitioner from the post of Pump Operator Grade II to the post of Helper but it is not reviewed by the D.P.C. and without assigning any reason and providing opportunity of hearing to the petitioner, straightway order impugned has been passed by the Superintending Engineer, Public Health Engineering Department, Circle Bhilwara whereby the order of promotion dated 19th of July, 2005 (Annex.4) has been cancelled and the petitioner has been reverted to the post of Helper, the action of respondents is totally illegal and petitioner is entitled for promotion on the post of Pump Operation Grade II which is accorded to him after due consideration by the Departmental Promotion Committee. 6. After hearing learned counsel for the petitioner, I have perused the order impugned. 7.
6. After hearing learned counsel for the petitioner, I have perused the order impugned. 7. In my opinion, the order impugned Annex.6 is patently illegal order because it has been passed without affording any opportunity of hearing to the petitioner so also without taking any decision by the Departmental Promotion Committee for cancellation of promotion of the petitioner. As per Rules, if any illegal promotion is made by the Departmental Promotion Committee then the matter is required to be placed before the Departmental Promotion Committee for review. But here in this case, no such proceeding undertaken by the Departmental Promotion Committee. More so the Departmental Promotion Committee refused to interfere in the matter which is evident from para 2 of the order impugned. 8. In this view of the matter, I deem it just and proper to quash the order dated 16th of Nov., 2006 (Annex.6) which has been passed by the respondents without providing any opportunity of hearing so also in violation of principal of natural justice. 9. In this view of the matter, this writ petition is allowed. The order dated 16th of Nov., 2006 (Annex.6) is hereby set aside with all consequential benefits.Petition Allowed. *******