Vinod Kumar Sharma v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13411-2018 (O & M) Date of decision: 07.02.2019 Vinod Kumar Sharma .... Petitioner V/s State of Punjab and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Gulshan Sharma, Advocate, for the petitioner. Mr. Nikhil Chopra, Addl.A.G., Punjab.

Mr. J.S. Ahluwalia, Advocate, for respondents No.2 to 4. ***** Rajan Gupta, J. (Oral) Grievance of the petitioner is that order dated 17.01.2018, Annexure P-7, reverting him to the post of Superintendent Grade-II after lapse of 15 years has been wrongly passed. Mr. Sharma has urged before this court that the petitioner has joined as Superintendent Grade-II in the year 1996. Vide order dated 01.03.2004, he was promoted to the post of Assistant Registrar, thereafter, further promoted as Deputy Registrar on 07.07.2011. Suddenly, order dated 17.01.2018, Annexure P-7, was passed reverting the petitioner to the post of Superintendent Grade-II. According to him, such order is unsustainable in law. Besides, petitioner was not afforded any opportunity of hearing before passing the said order. According to learned counsel, bye-laws of College-respondent No.4, had not been taken into consideration. It was necessary for the Board of Governors to take into consideration the College bye-laws, particularly, 1.2., 1.4, 2.1 and 2.17 thereof.

SUKHPREET KAUR 2019.02.09 12:23 I attest to the accuracy and integrity of this document

CWP-13411-2018 (O & M) ::2::

In view of the fact that the petitioner was not afforded any proper opportunity of hearing. This court proposes to remit the case to the same authority for a decision afresh.

Learned State counsel submits that State has no role to play in the issue.

In view of the above, order dated 17.01.2018, Annexure P-7, is hereby set aside. Matter is remitted to the same authority for a decision afresh within a month after affording an opportunity of hearing to all concerned.

Present petition is allowed qua the petitioner. (RAJAN GUPTA) February 07, 2019 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2019.02.09 12:23 I attest to the accuracy and integrity of this document