Case Note & Summary
The case involved a petition filed under Article 226 of the Constitution of India by a petitioner seeking to quash a reversion order issued by the Housing Commissioner of the Gujarat Housing Board. The petitioner was promoted to the post of Deputy Executive Engineer (Civil) on 09/07/2019 after being found suitable by the Departmental Promotion Committee (DPC) on 26/02/2019. However, a charge-sheet was issued against him on 06/06/2019 for alleged misconduct prior to his promotion, leading to the impugned order of reversion dated 24/07/2019. The petitioner contended that the reversion was in violation of natural justice as he was not given a hearing before the order was passed. The respondents argued that the promotion should be withheld due to the pending inquiry as per a government resolution. The court analyzed the situation and noted that there was no inquiry pending at the time of the DPC meeting and that the petitioner had already taken charge of his promoted position. The court emphasized that while the right to promotion is not fundamental, the consideration for promotion is. It concluded that the lack of a hearing before the reversion was a violation of natural justice, leading to the quashing of the impugned order and reinstatement of the petitioner. The court allowed the respondents to issue a show-cause notice and conduct a hearing if necessary, but the original promotion was restored immediately.
Headnote
A) Administrative Law - Promotion and Reversion - Violation of Natural Justice - Constitution of India, Article 226 - The court held that the petitioner was promoted without any pending inquiry and was not given an opportunity of hearing before the reversion order was passed, thus violating principles of natural justice. The impugned order was quashed, and the petitioner was reinstated to his promotional post (Paras 9-10).
Issue of Consideration
Whether the impugned order of reversion was valid given the lack of opportunity for a hearing.
Final Decision
The court quashed the reversion order dated 24/07/2019 and reinstated the petitioner to the post of Deputy Executive Engineer (Civil). It allowed the respondents to issue a show-cause notice and conduct a hearing regarding the reversion in accordance with law.
Law Points
- Promotion
- Natural Justice
- Departmental Inquiry
- Quashing of Order
