IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.13906 of 2008 Date of Decision: July 14, 2010 Jai Dutt .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. T.P. Singh, Advocate, for the petitioner(s). Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for respondent Nos.1 and 2. Mr. V.K. Sandhir, Advocate, for respondent No.3. . . . AJAI LAMBA, J (Oral) 1. This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order dated 29.7.2008 (Annexure P-6). 2. Learned counsel for the petitioner has pointed out that vide Order dated 31.8.2007 (Annexure P-2), the petitioner was promoted as Daftri on the retirement of one Bharat Singh, in the pay scale of Rs. 2820-4400. Vide impugned order dated 29.7.2008 (Annexure P-6), however, the petitioner has been reverted to the post of Jamadar. CWP No.13906 of 2008 [2] 3. Learned counsel for the petitioner contends that no show cause notice was given to the petitioner nor any opportunity of hearing was allowed. 4. Learned counsel for the respondent-State admits that the petitioner was not given opportunity of hearing. 5. Having considered the issue, I am of the considered opinion that on promotion of the petitioner in a higher pay scale, civil rights were vested in the petitioner. Without complying with the principles of natural justice, the petitioner could not have been reverted to the post of Jamadar from the post of Daftri. 6. In view of the above, this petition is allowed. Order dated 29.7.2008 (Annexure P-6) is hereby quashed. 7. It is made clear that if the respondents intend to take any such action, it shall be taken only after giving an opportunity of hearing to the petitioner. The orders passed are required to be reasoned and speaking orders. (AJAI LAMBA) July 14, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?