SATYA PAL Vs. PARDEEP KUMAR AND OTHERS

JUDGEMENT

(1.) On 5.8.2005, this Court has passed the following order :

(2.) The petitioner again filed a writ petition namely CWP No. 18238 of 1999 wherein it was observed by another Division Bench that the State Government has already initiated the process of reversion/termination of persons who were appointed as Signallers in violation of Rule 9(c) of the 1985 Rules. The aforementioned action was considered apparently as compliance with the directions issued by the Division Bench of this Court on 10.3.1997 and 19.12.1997. The petition was dismissed as infructuous because action in terms of the directions earlier issued by the Division Bench in 1997 was already in progress. It was still directed by the Division Bench that the process of implementation of the directions issued by the earlier Division Bench while disposing of CWP No. 487 of 1997 was to be carried in letter and spirit by the respondents expeditiously but not later than six months from the date certified copy of the order was made available. The order was passed on 2.7.2002.

(3.) The respondents passed orders of reversion of some of those who were promoted. Those orders were challenged on the ground that opportunity of hearing was not granted to them. Those writ petitions were CWP Nos. 5147 of 2003, 4231 of 2003, 2254 of 2003 and 4885 of 2003. In those cases, this Court had issued directions ex parte and without issuing notice to State Government that the petitioners were required to be heard before passing the order of their reversion. The State without raising any objection to those orders or moving any application bringing to the notice of the respective Benches the earlier directions issued by this Court on 19.12.1997 while disposing of CWP No. 487 of 1997 proceeded to comply with the orders and issued show-cause notices to those who were to be reverted. It is appropriate to mention that in CWP No. 487 of 1997 comprehensive directions were issued after hearing the State of Haryana and other concerned specifically declining the prayer of grant of hearing (as already reproduced above), yet the respondents proceeded to issue show-cause notices to those persons and then passed orders on 9.12.2004. One copy of the order passed in the case of Inder Singh has been placed on record. The same is taken on record and is marked "A". The operative part of such an order in Inder Singh's case read as under :