R N CHOUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the Annexure P-1, dated 2.2.2010, whereby the promotion order issued in favour of the Petitioners on 7.8.2004 and 7.2.2005 stood cancelled and the Petitioners stood demoted from the post of Executive Engineer to the post of Assistant Engineer.

(2.) Facts leading to the filing of the present writ petition are that the Petitioners, who were appointed as Sub Engineers in December, 1978, were promoted to the post of Assistant Engineer on 1.3.1996. Subsequently, the Petitioners were promoted on 17.9.2004 and 7.2005 to the post of Executive Engineer. However, later on, it is said that a Review DPC was held on 6.5.2006 where it was found that the promotion granted to the Petitioners was erroneous to the extent that the Petitioners were granted promotion in spite of the fact that there was no sufficient vacancies available. The recommendations of the Review DPC, dated 6.5.2006, was acted upon by the Respondents vide Annexure P-1 whereby the promotion order granted to the Petitioners was cancelled and the Petitioners were ordered to be posted back as Assistant Engineers. By this time the Petitioners had already put in more than about 5-6 years of service as Executive Engineers.

(3.) The contention of the learned Counsel appearing for the Petitioners is twofold. Firstly, the impugned order is bad in law for the reason that it is in violation of the basic principles of natural justice. The Petitioners were not granted any opportunity of hearing before the impugned order was passed and therefore the order which has been passed amounts to violation of principles of natural justice and the same deserves to be set aside. He further submits that even otherwise the documents which have been obtained by the Petitioners subsequently from the department would reveal that the finding of the Review DPC itself was bad and the authorities concerned in the department had ordered for recalling of the said order. He referred to the note-sheet of the department dated 27.10.2011 issued by the Joint Secretary, Government of Chhattisgarh, Panchayat and Rural Development Department whereby it has been categorically mentioned by the Joint Secretary of the department that in fact on the date when the case of the Petitioners were considered for promotion, there were 40 posts of Executive Engineer available which was erroneously reflected as 22 posts and therefore the finding of the Review DPC was bad and that the Joint Secretary had also ordered for the withdrawal of the order dated 2.2.2010 and for restoring the seniority of the Petitioners in the Gradation List as it stood prior to the issuance of the impugned order.