SI (MM) SHAHID ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution challenges the order dated 21.07.2005 (Annexure-A) which will have the effect of demoting the petitioner from the post of Sub-Inspector (MM) to the lower post. The promotion was granted to the petitioner by order dated 12.07.2002.

(2.) While admitting the petition on 05.09.2005, this Court passed the following order:-

(3.) The petition is resisted by filing the affidavit-in-reply by Mr. D.K. Kaul on behalf of the Commandant 100 BN RAF, Ahmedabad. The specific ground raised in Para 4(A) of the petition that the impugned order is passed in violation of principles of natural justice and that the petitioner has not been afforded an opportunity of hearing to represent his case has not been disputed in the reply affidavit. On the contrary, it is stated in Para-(h) of the reply affidavit that before implementing the impugned order dated 21.07.2005, reasonable opportunity shall be given to the petitioner for redressal of grievances. In fact the deponent of the reply affidavit has come forward with a plea that the petitioner has approached this Court without the petitioner making any representation to his immediate higher authorities to examine his grievances.