Civil Writ Petition No.1308 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1308 of 2006 DATE OF DECISION: FEBRUARY 08, 2011 Jai Bhagwan & others .....Petitioners VERSUS State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. O.P. Sharma, Advocate, for the petitioners. Mr. S.S. Patter, DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioners, who were initially appointed either Beldar/GaugeReader/TelephoneAttendant/Barkandaz,were promoted as Apprentice Signallers in the year 1994-1995. One Satpal had filed a writ petition in this Court seeking direction that appointment to the post of Apprentice Signallers be made by direct recruitment. This Court, accordingly, issued the direction in this regard. The respondent-Department, accordingly, made some recruitment on Civil Writ Petition No.1308 of 2006 -2- regular basis as Apprentice Signallers on 12.12.1997. This led to reversion of the petitioners, who filed various writ petitions before this Court. This Court, accordingly, set aside the reversion order of the petitioners and directed the respondents to pass a fresh order after affording an opportunity of hearing to the petitioners. Show cause notice was, accordingly, issued to the petitioners on 26.7.2000. The petitioners questioned the show cause notice by filing CWP No.10236 of 2000. The petitioners were also reverted on 13.6.2001. The operation of the order reverting the petitioners was stayed. The writ petition filed by the petitioners, however, was ultimately dismissed on 2.7.2002 being premature as it was filed to impugn only a show cause notice. Soon thereafter, the petitioners were ordered to be reverted on 8.3.2003, which they challenged by filing a writ petition. This Court then directed the respondents to pass a speaking order. The respondents thereafter issued a show cause notice on 30.6.2003. On 11.9.2004, the competent authority passed a speaking order by holding that the petitioners were promoted by competent officer and so it was valid promotion. Two years thereafter,this order has been reviewed on 18.8.2005 and the petitioners were again reverted. A copy of this order has been annexed with petition as Annexure P-12. The petitioners are again before this Court to challenge their reversion. The main grouse of the petitioners is that the competent authority had passed a speaking order holding their Civil Writ Petition No.1308 of 2006 -3- promotion to be justified. The order adverse to the interest of the petitioners had subsequently been passed by reviewing the said order without affording any opportunity of hearing to the petitioners. This apparently would show that principal of natural justice were not followed. The submission that the respondents could validly revert the petitioners as per the order passed by the Division Bench of this Court in the year 1997, is not justified. Much water has subsequently flown in regard to the rights of the petitioners. The petitioners have approached this Court on more than one occasion. Ultimately, the writ petitions were allowed and the respondents were directed to act in an appropriate manner. It is, thereafter, that some order was passed in favour of the petitioners, which is Annexure P-11. The promotion of the petitioners were held justified having been passed by the competent authority. If any order reviewing the same was to be passed, the principal of natural justice would require that the petitioners be afforded an opportunity of hearing. Any order, which is passed in violation of principal of natural justice, may not be sustainable. Accordingly, Annexure P-12 is set aside. However, liberty is given to the respondents to afford an opportunity of hearing to the petitioners and thereafter to pass fresh order in accordance with law. The writ petition is, accordingly, disposed of. February 08, 2011 (RANJIT SINGH ) monika JUDGE Civil Writ Petition No.1308 of 2006 -4-