BHARTI CHHETRI Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD Mr. D.S. Mehta, Advocate holding brief of Mr. M.C. Pant, Advocate for the Petitioner and Mr. N.P. Sah Standing Counsel for the Respondents.

(2.) THE Petitioner has challenged her reversion from the post of Head Mistress, Primary School to Assistant Teacher, Primary School. Evidently, this impugned order has been passed without giving an opportunity of hearing to the Petitioner. There is, therefore, a clear violation of Article 311 of the Constitution of India inasmuch as a civil servant cannot be dismissed, removed or reduced in rank without affording him an opportunity of hearing. At this stage, learned Standing Counsel representing the State has very fairly admitted that there appears to be some error in the impugned order. On this admitted fact, the writ petition is liable to be allowed and is presently being allowed. The impugned order dated 8.4.2011 is set aside.

(3.) THE writ petition is finally disposed of as above.