BHAG CHAND SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has prayed mainly the following reliefs in the petition:

(2.) THE facts in brief are that the petitioner a qualified Diploma holder J.E.(Mech.) was appointed on daily wages as Junior Engineer during January 1984 to December, 1988 and in other categories on muster roll from 1989 to 1993, but he never served on other categories except Junior Engineer till he was regularised as Junior Engineer vide letter dated 13.10.1998 as Junior Engineer (Mech.) instead of Foreman (Mech) from the date of regularisation 1.1.1994 as Foreman against available vacancy of Junior Engineer. The respondent No.2 regularised the petitioner as Junior Engineer vide office orders dated 10.11.1998 and 2.2.1999. The petitioner was earlier wrongly, illegally regularised as Foreman vide order dated 22.12.1994. The petitioner was confirmed as Junior Engineer vide office order dated 17.1.2001 w.e.f. 1.1.1997.

(3.) THE reduction of the petitioner from Junior Engineer (Mech.) to Foreman is a major penalty which could not be imposed without following due process of law. The petitioner was rightly regularised as Junior Engineer (Mech.). The petitioner has nothing to do with O.A.(M) No. 80 of 2001, he was not party in that petition. The petitioner has served the department for 21 years as Junior Engineer including on daily wages. The demotion of petitioner from Junior Engineer (Mech.) to Foreman is in violation of Article 311 of the Constitution.