WPSS No.94/2005 Hon’ble Tarun Agarwala J. Mr. Sushil Vashishtha, Advocate holding brief of Mr. R. P. Nautiyal, the learned counsel for the petitioner. Mr. Subhash Upadhyay, the learned brief holder for the State. The petitioner was promoted as an Assistant Teacher by an order dated 16.12.2004. Based on the said order, the petitioner was relieved from the Primary School and joined as an Assistant Teacher in Junior High School, Koti, Lasya, District Rudraprayag on 22.12.2004. By the impugned order dated 31.12.2004, the order of promotion was cancelled on the ground that the petitioner is having less merit than required. The petitioner, being aggrieved by the said order, filed the present writ petition. Inspite of time being granted and inspite of lapse of five years, no counter affidavit has been filed. In paragraph 9 of the writ petition, it has been alleged that the impugned order has been passed without giving any show cause notice or opportunity of hearing to the petitioner. The court, from a perusal of the impugned order, also finds that no opportunity of hearing or any show cause notice was provided to the petitioner. In view of the aforesaid, the court is of the opinion that the impugned order entails civil consequences and therefore, it is imperative to give show cause notice to the petitioner before passing the impugned order. Since no show cause notice or opportunity of hearing was provided to the petitioner, the impugned order cannot be sustained and is quashed. The writ petition is allowed. It is open to the respondents to pass a fresh order in accordance with law. (Tarun Agarwala, J.) Dated:3.6.2010 Nishant