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Himachal Pradesh High Court · body

2011 DIGILAW 2012 (HP)

Sohan Singh v. State of H. P.

2011-04-04

DEEPAK GUPTA

body2011
JUDGMENT Deepak Gupta, J. 1. This petition can be disposed of on a very short point. Admittedly, the petitioner was promoted as Centre Head Teacher and thereafter posted to another station. He was then adjusted at some other station. After he had started working as Centre Head Teacher the order of his promotion was withdrawn vide the impugned order. There is no dispute with regard to the fact that the said order was passed without issuing notice to the petitioner. A promotion creates rights in favour of the employee and if that right has to be taken away then it is essential that the rules of natural justice must be followed and same can only be done after issuing notice to the employee and affording him an opportunity of being heard. Since, this has not been done, the impugned order dated 4th May, 2006 is set-aside. It is, however, made clear that the respondent-State can take appropriate action against the petitioner after issuing him notice. If notice is given, the petitioner must reply to the said notice within four weeks and the State can decide the matter immediately thereafter. The petition is disposed of accordingly. No order as to costs.