DEVJIBHAI KARSANBHAI VAGHELA Vs. DEPUTY TRANSPORT MANAGER

JUDGEMENT

(1.) THE challenge is made in this petition to the order dated 30.6.2002 passed by the respondent, whereby the service of the petitioner, along with 10 other persons, was discontinued from the post of Group Supervisor carrying pay-scale of Rs. 4000-6000 and their services were restored on their original post of Driver carrying the pay-scale of Rs. 3050-6000.

(2.) LEARNED counsel for the petitioner has contended that the impugned order is bad in eye of law on more than one count. In his submission, the order results in civil consequence and therefore notice ought to have been issued to the petitioner by the authorities, which is admittedly not done, and that is how, the impugned action is in gross violation of principle of natural justice, warranting interference of this Court. It is also contended that the petitioner belongs to Scheduled Tribe and that would make the case of the petitioner stronger than 10 other persons who were simultaneously reverted. It is also contended that in the impugned order, the ground on which, the petitioner and other persons were sought to be sent back to their original post, was not shown, and thus, it is a non-speaking order.

(3.) SO far as the contention of the petitioner with regard to violation of principles of natural justice is concerned, I find that the right of the petitioner to continue on the post of Group Supervisor flowed from the office order dated 30.3.1996 which was for a limited period. The case of the petitioner is that he does not have any other order with him itself would make the case of the petitioner vulnerable, since if the contents of the affidavit-in-reply is not to be taken into consideration, as suggested by learned counsel for the petitioner, there is no other order which confers any right to the petitioner to continue on the higher post. Thus, the right which did not exists in favour of the petitioner to continue on the higher post, is sought to be defended by the petitioner. In my view this would not result in violation of principles of natural justice, and therefore, non-issuance of notice in this regard would not be fatal for the authorities.