KANTA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Annexure P-5 dated Feb. 12,1992, is under challenge in this writ petition filed under Art. 2126 of the Constitution by Kanta Devi, Constable No. 1539 of District Hissar. The petitioner was initially recruited as Constable on Feb. 12, 1982. She passed Lower School Course in Sept., 1988 and was promoted as Lady Head Constable on Nov. 12, 1991. Vide impugned order Annexure P-5, this promotion stands withdrawn. No notice was given to the petitioner before the impugned order was passed.

(2.) In the written statement filed by the respondents in response to notice of motion, it is stated that order Annexure P-5 was passed as Raj Rani and another, who had filed writ petitions in the High Court were to be accommodated. The impugned order Annexure P-5 also makes a reference to the writ petition filed by Raj Rani etc. It may be observed that Raj Rani does not belong to Hissar District and if she was to be accommodated, it was not necessary to revert the petitioner or withdraw her promotion order. Be that as it may, since no show cause notice was given to the petitioner before the impugned order was passed, the same is in violation of the principles of natural justice and cannot be sustained in law.

(3.) The order Annexure P-5 is, therefore, quash qua the petitioner. The writ petition is disposed of as above. No order as to costs. Orders accordingly.