HASHAM KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only question that needs determination in this writ is as to whether the petitioner, who was promoted from the post of Peon to that of a Clerk, vide resolution passed by the Municipal Committee, could be reverted to the post of Peon without hearing him.

(2.) Brief facts of the case reveal that petitioner was appointed as Sewadar on August 22, 1988 and thereafter he was promoted as Clerk vide resolution dated December 10, 1991 and he had been continuing in service as such since then. On May 30, 1995 the Executive Officer of the Municipal Committee sent a communication to the petitioner mentioning therein that the Director, Local Government, Punjab, Chandigarh, had annulled the resolution dated December 10, 1991 under the Punjab Municipal Act, 1911 and as such the Council vide resolution dated May 30, 1995 reverted the petitioner to his initial post of Sewadar. It is conceded position between the parties that before the petitioner was reverted by annulling resolution passed by the Municipal Council, promoting him or appointing him to the post of Clerk, he was not heard in the matter. Annexure R1/T is the order passed by the Director, Local Govt. Punjab which is dated April 28, 1995. A perusal of the same clearly depicts that the petitioner was not heard in the matter. In view of this Court, when petitioner's civil rights were being infringed adversely, he ought to have been given an opportunity of being heard in the matter. The right of hearing by judicial precedents has since long been established and the same could not be denied to the petitioner. Consequently, order Annexure R1/T and communication in pursuance of that sent to the petitioner, Annexure P-1, are quashed. By quashing the orders aforesaid, the respondents shall not be debarred from taking action against the petitioner in accordance with law.