IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 7330 OF 2004 Date of Decision: 21.9.2006 Smt. Anju Bala ..Petitioner Versus State of Punjab and others. ..Respondents CORAM : HON'BLE MR. JUSTICE J.S. KHEHAR HON'BLE MR. JUSTICE S.D. ANAND Present : Mr. Naresh Kaushal, Advocate, for the petitioner. Mr. Ashok Aggarwal, Additional Advocate General, Punjab, for respondent Nos. 1 to 3. Mr. T.P. Singh, Advocate, for respondent No.4. J.S. Khehar, J. (Oral) The petitioner was inducted into the service of the respondents as Steno-typist on 18.5.1997. She was thereafter promoted to the next higher post of Senior Scale Stenographer on 17.9.2002. Respondent No.4 – Gajjan Singh, who was holding the post of Personal Assistant to the Deputy Commissioner, Kapurthala, sought his reversion from the post of Personal Assistant to the post of Senior Scale Stenographer through a representation dated 19.5.2003. Despite the fact that respondent No.4 had claimed reversion to the post of Senior Scale Stenographer, he was ordered to be reverted to the post of Senior Assistant CWP No. 7330 of 2004 2 vide an order dated 29.7.2003 (Annexure P/4). Dissatisfied with the order passed by the Deputy Commissioner, Kapurthala, reverting respondent No.4 to the post of Senior Assistant, he approached this Court by filing Civil Writ Petition No. 14961 of 2003, challenging the order dated 29.7.2003 (Annexure P/4). During the pendency of the aforesaid writ petition, the authorities suo motu accepted the claim raised by respondent No.4 – Gajjan Singh in his representation dated 19.5.2003 by reverting him from the post of Personal Assistant to the post of Senior Scale Stenographer, and as a consequence thereof, the petitioner was also reverted from the post of Senior Scale Stenographer (to which she is stood promoted vide order dated 17.9.2002). This action was executed by the authorities vide an order dated 1.12.2003 (Annexure P/5). Learned counsel for the petitioner has impugned the order dated 1.12.2003 (Annexure P/5) by raising two submissions. Firstly, it is contended that the action of the respondents in reverting the petitioner from the post of Senior Scale Stenographer to the post of Steno-typist vide order dated 1.12.2003 had adverse civil consequences qua the petitioner, and that, such an order could have only been passed after issuing a proper notice to the petitioner, and after, affording an opportunity of hearing to her in terms of rules of natural justice. Secondly, it is the contention of the learned counsel for the petitioner, that it was not open to the respondents to accept the request made by respondent No.4 for reversion from the post of Personal Assistant as the aforesaid request was made on 19.5.2003 at which point in time, there was no available vacancy to accommodate respondent No.4 against the post of Senior Scale Stenographer, on account of the fact, that the petitioner had already been promoted thereto by an order dated 17.9.2002. CWP No. 7330 of 2004 3 We have heard the learned counsel for the parties. We are of the view that the instant writ petition deserves to be accepted on both the pleas advanced by the learned counsel for the petitioner. Before a government employee can be subjected to any adverse civil consequences, it is imperative for the competent authority to follow the rules of natural justice. We are also satisfied that the respondents were not bound to accept the request of respondent No.4 for reversion from the post of Personal Assistant in the office of Deputy Commissioner, Kapurthala, to the post of Senior Scale Stenographer. The aforesaid request ought to have been accepted only if it did not disturb the civil rights of any individual or did not cause any disturbance in the administrative exigency of the office. Insofar as the present controversy is concerned, it cannot be disputed that the petitioner came to be promoted as Senior Scale Stenographer on 17.9.2002 on a regular basis, and as such, since there is only one cadre post of Senior Scale Stenographer in the office of Deputy Commissioner, Kapurthala, there was no available vacancy for accommodating respondent No.4 in terms of his representation dated 19.5.2003. For the aforesaid reasons, the appropriate course to be adopted ought to have been in rejecting the request of respondent No.4, wherein he sought reversion from the post of Personal Assistant in the office of Deputy Commissioner, Kapurthala to the post of Senior Scale Stenographer. For the reasons recorded above, we hereby set aside the order of reversion of the petitioner dated 1.12.2003 (Annexure P/5) from the post of Senior Scale Stenographer in the office of Deputy Commissioner, Kapurthala, to the post of Steno-typist. The respondents are directed to implement this order within three months from the date of receipt of a CWP No. 7330 of 2004 4 certified copy of this order, along with, all consequential effects arising therefrom. ( J.S. Khehar ) Judge September 21, 2006 ( S.D. Anand ) vkd Judge