LAWS(UTN)-2009-8-17

BHRIGURASHAN PRASAD Vs. STATE OF UTTARAKHAND

Decided On August 24, 2009
Bhrigurashan Prasad Appellant
V/S
State of Uttarakhand And Ors. Respondents

JUDGEMENT

(1.) WITH the consent of parties this writ petition is being decided at admission stage.

(2.) ONLY question to be answered in the present writ petition is that whether a person can be reverted to the lower post than the post on which he was Initially appointed.

(3.) ACCORDING to counsel for the Petitioner, the Petitioner was not given any opportunity to place his case during the inquiry and inquiry report was submitted against him without affording opportunity of hearing. He for the first time came to know about the inquiry which was conducted by S.D.M., Sadar, Dehradun on 19.07.2006 when the District Magistrate, Dehradun served a show cause notice on the Petitioner. The Petitioner replied the show cause notice with the fact that he has unblemished service record and he has never indulged himself in any corrupt practice. He also replied that the report was prepared by Survey Lekhpal in his writing. At that time the Petitioner was posted in the office of Survey Naib Tehsildar, Doiwala and was assigned a job at village Markham Grant.