AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed an Accounts Clerk in the Haryana State Co-operative Federation Ltd. (hereinafter referred to as 'Federation') on 25.7.1975 through letter of appointment Annexure P-1. He was thereafter promoted to the post of Accounts Assistant vide order dated 27.3.1978 on temporary basis subject to the approval of the Board of Directors. The Management Committee of the Federation granted approval to the promotion of the petitioner vide its Resolution dated 4.7.1978 and the promotion was thereafter confirmed on 23.4.1979. Respondent No.4, Sahi Ram, who felt aggrieved by the promotion of the petitioner to the post of Accounts Assistant, represented to the Department and on consideration of the matter the Registrar, Co-operative Societies, Haryana, vide his order Annexure P-5 to the petitioner, asked the Executive Director of the Federation to withdraw the promotion order of the petitioner and to promote respondent No. 4 instead. It appears that in pursuance of the order Annexure P-5, the matter was re- considered by the Federation in its meeting held on 14.3.1980 and the petitioner was reverted to his earlier post, whereas, respondent No.4 was promoted. This order is Annexure P-4 to the petition. The orders Annexures P-4 and P-5 have been impugned by way of the present writ petition.

(2.) Although a number of points have been raised in the petition questioning the legality of the orders Annexures P-4 and P-5 but the main attack has been focussed on the fact that no show cause, notice was given to the petitioner before his reversion was ordered. In sub-para (i) of Para 18 of the petition, it has been asserted that no opportunity of hearing was given to the petitioner before the impugned order was made. In reply to this assertion the stand of respondent No.3 i.e. Federation is as under:-

(3.) For the reasons recorded above, the present petition is allowed; Annexures P-4 and P-5 are quashed but liberty is given to the respondents to take action in accordance with law in case they deem it necessary. It is however, made clear that all consequential reliefs that would accrue resultant to the quashing of Annexures P-4 and P-5 would be given to the petitioner within a period of, six months from today. No costs.