L. Babu v. Deputy Commissioner (CT) Madurai Division Commercial Tax Department
2012-04-03
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner was included in the gradation list as Assistant for the year 1999, though he was originally appointed as Junior Assistant in Commercial Tax Department, on compassionate ground. The petitioner is a physically handicapped person. 2. The petitioner, after working nearly 5½ of years as Junior Assistant, was transferred to Commercial Tax-I Office, Madurai as Junior Assistant on 24.05.1996. As per the seniority list circulated on 29.02.2000, the petitioner was shown as 2' and was shown to be technically qualified for promotion. 3. The petitioner was accordingly promoted as Assistant 'A2' in the Office of Deputy Commercial Tax Officer, Periyakulam, vide order dated 10.02.2001. The petitioner was thereafter transferred and posted as Assistant 'A8' in the Office of Assistant Commissioner (CT) Madurai (West) against leave vacancy. 4. The petitioner, on joining duty after short spell of leave, was transferred back to Periyakulam office. On 07.09.2001, an order was issued, pointing out that the petitioner had not reached the range of selection to be included in the list of Assistant for the year 1999, therefore, the order of promotion was cancelled vide order ROC10718/2001/A5 dated 07.09.2001. 5. The impugned order has been challenged by petitioner, on the ground that the order is passed in violation of principles of natural justice, as no notice was issued before ordering reversion of petitioner after 1½ year of having served on the promoted post. 6. The writ petition is opposed by the learned Government Advocate, on the ground that in view of G.O.Ms.No.1435 of 1964, no notice was required to be issued to correct mistake in the panel of promotion. 7. On consideration, I find that the stand of respondent cannot be accepted. G.O.Ms.No.1435 of 1964, referred to above, is arbitrary, illegal and unconstitutional, as it goes contrary to the settled proposition of law, that no order affecting civil rights of a person, can be passed, without following principles of natural justice and giving opportunity of hearing to the person affected by the order. 8. The right of hearing is basic civil right of person, which cannot be taken away by issuance of Government Order G.O.Ms.No.1435 of 1964, on which reliance is placed by the learned Government Advocate, to support the impugned order. 9. In view of the admitted fact that the impugned order of reversion, having been passed in violation of principles of natural justice, this writ petition is allowed.
9. In view of the admitted fact that the impugned order of reversion, having been passed in violation of principles of natural justice, this writ petition is allowed. The impugned order is set aside, but with no order as to costs.