A writ petition challenging the reversion of a petitioner from Senior Assistant to Junior Assistant. The court held the order void for failing to issue a show cause notice, violating natural justice.
Writ petition allowed; impugned order set aside for violation of natural justice; no order as to costs.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 7705 of 2000
ORDER: (per the Hon’ble Sri Justice L.Narasimha Reddy)
The petitioner was appointed as Junior Assistant on 01.04.1991 in the 2nd respondent organization. Thereafter, he was promoted to the post of Senior Assistant on 04.11.1999. However, the 1st respondent issued proceedings, dated 06.04.2000, reverting the petitioner from the post of Senior Assistant to the post of Junior Assistant. The same is challenged in this writ petition.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
Several grounds are urged by the petitioner on the one hand and the respondents on the other in relation to the impugned order. One fact, which impresses us, is that the 1st respondent did not issue show cause notice to the petitioner before reverting him to the lower post. On that ground, the impugned order is liable to be set aside.
Hence, the writ petition is allowed and the impugned order is set aside for violation of principles of natural justice vis-à-vis the petitioner. It is, however, left open to the respondents to take necessary steps in accordance with law. There shall be no order as to costs.
The miscellaneous petition filed in this writ petition shall
also stand disposed of.
_____________________ L.NARASIMHA REDDY,J
________________________ CHALLA KODANDA RAM,J
Dt:24.09.2013
kdl
2 issues framed by the court
Whether petitioner can challenge reversion from Senior Assistant to Junior Assistant without prior show cause notice.
Whether violation of natural justice principles warrants setting aside the impugned order.
Junior Assistant
1st Respondent
2nd Respondent
L. Narasimha Reddy
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
