BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner who is a Schedule Caste had been working as a peon in the Punjab State Co-operative Bank Ltd., Chandigarh. By order dated 4.7.1998 the Managing Director of the Bank promoted the petitioner and some others to the post of Junior Clerk in the pay scale of Rs. 1450-2950. This promotion was subject to the condition that if any senior employee became eligible as a result of Court decision or on account of pending enquiry or for any other reason then the junior-most employee would have to be reverted making room for the senior one. Feeling aggrieved by this order of promotion Daryodhan Singh along with one Swaran Singh filed a revision petition under Sec. 69 of the Punjab Co-operative Societies Act before the Registrar, Co- operative Societies, Punjab. The petitioner was not impleaded as a party. The revision petition was allowed on 16.4.1999 and it was observed that the petitioners before the Registrar, if found eligible for promotion shall be entitled to that benefit from the date when their juniors were promoted. On receipt of a copy of the order dated 16.4.1999 the Managing Director of the Bank by his order dated 2.6.1999 promoted respondents 4 and 5 as Junior Clerks and reverted the petitioner to the post of a Peon. The Managing Director too did not afford any opportunity of hearing to the petitioner. It is against these two orders that the present petition has been filed under Art. 226 of the Constitution.

(2.) We have heard counsel for the parties. There is no gain-saying the fact that the order of the Registrar dated 16.4.1999 and that of the Managing Director dated 2.6.1999 were passed behind the back of the petitioner without affording him an opportunity of hearing whereby he was reverted from the post of Junior Clerk to that of Peon. In this view of the matter these orders cannot be sustained. Consequently, the writ petition is allowed and the order dated 16.4.1999 passed by the Registrar as also the order dated 2.6.1999 passed by the Managing Director are quashed qua the petitioner only. The case is remanded to the Managing Director of the Bank with a direction to passed a fresh order in accordance with the law after affording an opportunity of hearing to the petitioner. Parties through their counsel have been directed to appear before the Managing Director on 13.3.2000. No costs. Petition allowed.