The Madras High Court allowed a writ petition challenging the reversion of a Revenue Assistant to Sanitary Worker. The Court quashed the order due to violation of principles of natural justice as no notice or opportunity to explain was given prior to the order.
The impugned order of reversion was quashed and the writ petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.07.2017
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.10183 of 2017 and
W.M.P.Nos.11151 & 11152 of 2017
R.Venkatesan .. Petitioner
Versus
1. The Commissioner
Municipal Administration,
Chepauk, Chennai – 5.
2. The Commissioner,
Panruti Municipality,
Cuddalore District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India, praying for the issuance of Writ of Certiorari and to
call for the records of the first respondent in
D.O.No.7527/2017/C1 dated 31.03.2017 and the consequential order
of cancellation of the petitioner's promotion passed by the
second respondent in Na.Ka.No. 5431/2015/C1 dated 04.04.2017 and
quash the same.
For Petitioner : Mr.M.S.Palaniswamy
For Respondents : Mr.K.DhananJeyan
Spl.Government Pleader for R1
Mr.P.V.Selvakumar
Addl. Government Pleader for R2
O R D E R
This writ petition is filed challenging the order of reversion of the writ petitioner from the post of Revenue Assistant to the post of Sanitary Worker.
advanced by the learned counsel appearing for the petitioner is that the impugned order of reversion was issued without issuing any notice to the writ petitioner and therefore the impugned order is in violation of the principles of natural justice. The legal principle is that no employee can be reverted without providing an opportunity of submitting his explanation / objection. On the ground of violation of the principle of natural justice, this writ petition is filed.
Sd/Assistant Registrar(CS VI)
at/dpq
To
+1cc to Mr.M.S.Palinswamy Advocate SR.No.46406
W.P.No.10183 of 2017 and W.M.P.Nos.11151 & 11152 of 2017
MSM(CO) GN(25/07/2017)
2 issues framed by the court
Whether an order of reversion of an employee is valid without issuing a prior notice and providing an opportunity of hearing.
Whether the violation of principles of natural justice vitiates an administrative order of reversion.
2 provisions across 2 enactments
R.Venkatesan
The Commissioner, Municipal Administration, Chepauk, Chennai
The Commissioner, Panruti Municipality, Cuddalore District
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
