LAWS(UTN)-2010-6-101

KALLOO SINGH Vs. STATE OF UTTAR PRADESH

Decided On June 17, 2010
KALLOO SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsels for the parties. This writ petition has been filed by the petitioner challenging the validity, legality and propriety of order dated 10.3.1999 passed by the Assistant Record Officer, Kichha, district Udham Singh Nagar by which the petitioner has been reverted from the post of Survey Lekhpal to the post of Survey Chain Man. The main contention of the petitioner is that the impugned reversion order has been passed behind the back of the petitioner inasmuch as no opportunity of hearing or show cause has been given to the petitioner before reducing the rank of the petitioner.

(2.) THE brief facts of the case are as follows :- THE petitioner was initially appointed as Survey Chain Man in the Revenue Department vide order dated 27.7.1985. Consequently thereafter, vide order dated 10.9.1997, the petitioner along with four other persons was promoted to the post of Survey Lekhpal. THE order which is Annexure -1 to the Writ Petition dated 10.9.1997 clearly states that this promotion will remain effective till regular promotions are made on the post of Survey Lekhpal by the Board of Revenue or the services of the petitioner are not found to be satisfactory. THEre was no other condition stipulated in the promotion order dated 10.9.1997. All the same, an order has been passed (which has been presently impugned in the writ petition) dated 10.3.1999 wherein it has been stated that there were only 60 posts of Survey Lekhpal and against these 60 posts, promotion on 65 posts have been made and, therefore, the 5 persons who were so promoted are being reverted.

(3.) THIS position taken by State is clearly unacceptable as it is in violation of the principle of natural justice and fair play. The petitioner is holding a Civil post of Survey Lekhpal. Under Article 311 of the Constitution of India, no person who is a member of a civil service of the Union or a State can be dismissed, removed or reduced in rank without being given sufficient opportunity of hearing or show cause. Article 311 of the Constitution of India reads as follows :-