SHYAMLAL Vs. DIRECTOR, LOCAL BODIES

JUDGEMENT

(1.) IT has been submitted by the counsel for the petitioner that the principles of natural justice have not been observed. The petitioner has not been given opportunity of hearing as no notice was given to him. It has also been submitted that the Assistant Director is not an appellate authority and, therefore, the order of reversion was without jurisdiction.

(2.) AS against it learned counsel for the State has submitted that the promotion order was referred to the Government in its general power of supervision and control. Administration found the promotion to be irregular and, therefore, the order for reversion was passed. Shri Narain Rao Deshmukh and Babulal Jain were joined as respondent Nos. 4 & 5. However, both of them are not in service now and, therefore, counsel for the petitioner prayed for deletion of their names. It has further been submitted that now there is no other claimant for the post of revenue Sub -Inspector and as such the order of promotion passed by the C.M.O. on the basis of recommendation of District Selection Committee of the Municipal Counsel, Sbujalpur should be restored.

(3.) IT is an estblished principle of natural justice that whenever an order, adverse to the interest of a person is proposed or is required to be passed he should be given a fair opportunity of hearing.