CWP(T) No. 1240 of 2008 07.09.2010 Present: Mr. Dilip Sharma, Advocate, for the petitioner. Ms. Anjula Khajuria, Advocate, for the respondents. Affidavit taken on record. 2. There is no dispute that in terms of office order dated 2.6.2008 (Annexure A-3) petitioner was promoted as Junior Engineer (Electrical) on regular basis. However, he was kept on probation for a period of two years. There is also no dispute that petitioner joined as such and was posted in the Electrical Sub Division, HPSEB, Subathu (Suburb Section). This is evident from office order dated 3.6.2008 (Annexure A-4). Office order dated 2.6.2008 was however kept in abeyance till further orders in terms of another order (dated nil) (Annexure A-5) which reads as under:- “The promotion order in respect of Sh. Om Parkash Electrician as junior Engineer (E) at Sr. No. 25 issued by the Chief Engineer (OP) North Dharamshala vide his office endst. No. 200226/JE(E)/CC/MSP/08-4317-417 dated 02.06.2008 and further endst by the Sr. Executive Engineer Electrical Division, HPSEB, Solan vide his office endst No. HES/E-7/08-2389 dated 09.06.08 are kept in abeyance till further order. The official is relieved from his duty to day on dated 09.06.08 A.N. and he is further directed to report for his duty to Sr. Executive Engineer, Transmission Division HPSEB, Solan. Assistant Engineer, Electrical Sub-Division, HPSEB, Subathu. Dated:- ” 3. Undisputedly no notice prior to the issuance of Annexure A-5 was ever issued to the petitioner. This stands fortified by letter dated -2- 7.6.2008 (Annexure RA-III) issued to the petitioner whereby opportunity of hearing with reference to order (Annexure A-5) was afforded to him. He was asked to appear before the appropriate authority on 13.6.2008. 4. In this petition, on 11.6.2008 the following order was passed: “Heard. Notice. Mrs. Anjula Khajuria, Advocate appears and waives service of notice on behalf of respondents No. 1 to 4, hence, such notice need not be issued to these respondents. Reply be filed within four weeks. List thereafter. About interim the learned counsel for the applicant has argued that the applicant has been promoted on the basis of recommendations of DPC. Now his promotion order has been held in abeyance vide Annexure-A-5 meaning thereby the applicant has been reverted to earlier pay scale and status without affording any opportunity of hearing to the applicant. In view of above, operation of impugned order dated 9.6.2008 Annexure A-5 is stayed till next date of hearing.” 5. There is no dispute that this order is in continuation till date. 6. The respondents took action in keeping the petitioners order of promotion in abeyance without affording him an opportunity of hearing/representation. The said order also does not assign any reasons for doing the same. Therefore, this order needs to be set aside on this short ground alone. Ordered accordingly. In any event petitioner has continued to officiate as Junior Engineer till date. 7. Taking into account all the attending circumstances respondents are directed to afford opportunity of hearing/representation -3- to the petitioner. Petitioner undertakes to appear before the appropriate authority on 30.9.2010. Thereafter the authority shall take action in accordance with law. It is clarified that petitioner shall not delay the matter and the entire issue shall be decided within a period of three months from the date of receipt of certified copy of this order. Petition stands disposed of. Dasti copy. (Sanjay Karol), Judge. September 7, 2010 (PK)