RAMVADAN RAMADHAR Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner who is already now retired, at the relevant time has prayed for an appropriate quashing and setting aside order dated 13. 11. 1990 and 07. 08. 1991 as confirmed by the Appellate Authority and to declare that the petitioner continues in the Mounted Unit for all purposes.

(2.) TODAY when the matter is taken up for final hearing, Mr. Supehia, learned Advocate for the petitioner has stated at the Bar the petitioner does not challenge the order dated 07. 08. 1991 by which two increments were withheld. It is submitted by him that present Special Civil Application is restricted to challenging the order dated 13. 11. 1990 which is at Annexure -A to the petition. Mr. Supehia, learned Advcoate for the petitioner has submitted that impugned order dated 13. 11. 1990 is an order of reversion and the petitioner came to be reverted from Mounted Unit to Headquarter Force (Regular Force) and therefore, it is submitted that when the petitioner came to be reverted, the petitioner ought to have been given opportunity of being heard and as no opportunity was given to the petitioner, said order of reversion is in breach of natural justice.

(3.) MR. PRANAV Dave, learned AGP has tried to submit that impugned order dated 13. 11. 1990 is not an order of reversion but it is transferring the petitioner from Mounted Unit to Regular Force.