f e^ ;<w^ IN THE HIQH COURT OF JUDICATURE AT JBILASPUR.m^.) WritBetitfonJSlX<tA6Jlt^2aiO PETITIOMERS y.. ^<../ ,?V^'A\^'V /y^y^y ^^y €iy ^*'. .k ^^. ^y RESEOND^aiTS F. Arun Kumar Venna .S/o Punau Rain Verma , Aged about 41 years, Occupation- Assistant grgtde IH, Miinicipal Corporation Korba (C.G.) Ramesh Gaur S/o Sagar Gaur Aged about 56 years - Occupation-Sanitaiy Supervisor, Municipal Corporation Korba (C.G.) i^3. Ghashi Ram Ratre S/o Mula Rasi Ratre , aged about SSyears, Occupation- Assistant Revenue Inspector , Municipal Corporation Korba (C.G.) VEIKUS 1. StateofChhattisgarh Through the SeGretary, Deptt. of Urban Administration 85 Developntent, D.K.S. Building, Mantralaya Raipur ^ (C.G.) 2. Under SeCTetary, Deptt. Of Urban Administration & Development D.K.S. Buildmg, Mantralaya, Raipur(C.G.) 3. Municipal Corporation Korba, through its Cominissioner, Municipal Corporation Korba (C.G.) <" . ^ • . Cominissioner, Municipal Corporation, Korba (C.G.) Commissioner, Local und Audit, Raipur (C.G.) WRIT PETITION UNDER ARTIGLES 226 OF THE CONSTITUTION OFINDIA J HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0. 6710 OF 2009 PETITIONERS Sheel Chand Jain & Another RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0. 6709 OF 2009 PETITIONERS Balram Singh Tandon &Another Versus •RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0. 6711 OF 2009 PETITIONER M.L.Tiwari RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0. 6966 OF 2009 PETITIONERS Nakul Singh Karpe & Others Versus State of Chhattisgarh & Others RESPONDENTS PETITIONER WRIT PETITION (S) N0. 2262 OF 2010 P-R. Mishra RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0. 2589 OF 2010 1 PETITIONER K. Prakash Naidu RESPONDENTS Versus State of Chhattisgarh & Others i"imiai WRIT PETITION (S) N0.2598 OF 2010 PETITIONER Vinod Kumar Saraswat RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.2599 OF 2010 PETITIONER Laxman Singh Patle Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.2602 OF 2010 PETITIONER Gangadeen Sarthi Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.2603 OF 2010 PETITIONERS Rajeev Kumar Singh & Others Versus RESPONDENTS State of Chhattisgarh & Others WRLT PETtTlON tSl.NO,2608 OF 2Q10 PETITIONER Suman Khare RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.2609 OF 2010 PETITiONER Ravindra Giri Gosai RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.2611 OF 2010 PETITiONERS Lalaram Dhirhe & Another RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.2851 OF 2010 PETITIONER Buddheshwar Singh Versus RESPONDENTS State of Chhattisgarh & Others PETITIONER WRIT PETITION (SV N0.2852 OF 2010 Ajay Kanwar RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.3152 OF 2010 PETITIONER Premlata Tiwari RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0 3179 OF 2010 PETITIONER Shirin Lakhe RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.3180 OF 2010 PETITIONERS Govind Ram Rathore & Another RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.3438 OF 2010 PETITIONER Chhote Lal Kurre RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.3682 OF 2010 PETITIONERS Safi Ahmed Siddiqui & Others Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.3683 OF 2010 PETITIONER Dharam Chandra Sonkar RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.3684 OF 2010 PETITIONER SanjayTiwari Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.3685 OF 2010 PETITIONER Animdh Pratap Singh Versus RESPONDENTS State of Chhattisgarh & Others WRIT_PETIT!ON_(S)_NO. 3981 OF 2010 PETITIONER Shital Prasad Suryavanshi Versus RESPONDENTS State of Chhattisgarh & Others p|lil! .)i.|i»l'Iip ?—?——?•»-;—" WRIT PETITION (S) N0.4021 OF 2010 PETITIONER Tilak Ram Rathore RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S)N0.4022 OF 2010 PETITIONER Babulal Rathore RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (Si N0.4024 OF 2010 PETITIONER Nagesh Kumar Yadav Versus RESPONDENTS State of Chhattisgarh & Others WRITPETITION (S) N0.4025 OF 2010 PETITIONER Sambalpuriha Versus RESPONDENTS State of Chhattisgarh & Others WRIT PET!TION (Sl N0.4134 OF 2010 PETITIONER Manharanlal Netam RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4137 OF 2010 PETITIONER T?.D. Mahant RESPONDENTS Versus State of Chhattisgarh & Others ll' <°!E:i.|£—"- WRIT_PETITION (S) N0.4138 OF 2010 PETITIONER Yashwant Kumar Singh Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4139 OF 2010 PETITIONER Kusal Singh Gond. Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4142 OF 2010 PETITIONER Satrughan Prasad Rathore Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4276 OF 2010 PETITIONER Lakhan Lal Tandon RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S)N0.4277_0_F201Q PETITIONER Sriram Singh Netam Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4278 OF 2010 PETITIONER Satya Prakash Shukla Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S^ N0.4299 OF 2010 PETmONER Vakil Ahmad Khan RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4307 OF 2010 PETITIONER Vishnu Kumar Shukla RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4321 OF 2010 PETITIONER Ravindra Kumar Masih RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4322 OF 2010 PETITIONER Reshem Lal Anant RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETmON (S).NOA355 OF 2010 PETITIONERS Bhogi Lal Pradhan & Another Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4357 OF 2010 PETITIONER R.K. Maheshwari RESPONDENTS Versus State of Chhattisgarh & Others ^F-t-^JIIh!t^t TT-i'!;fi-:i, ;-tfi •SssiWs&SSit&vSssissssiesfssst .'.-^ft.s.a WRIT PETITION (S) N0.4359 OF 2010 PETITIONERS Ku. Lalita Tigga & Others Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4479 OF 2010 PETITIONER K.P. Dahayat & Others Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) N0.4508 OF 2010 PETITIONER Sudarshan Prasad Sahu & Another RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4515 OF 2010 PETITION_ER Ashok Kumar Deshmukh RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4585 OF 2010 PETITIONER Jagdish Singh Kanwar Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S^ N0.4671 OF 2010 PETITIONERS B.L. Pandey & Another Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION ISLNQ.4672 01^2010 PETITIONERS Dilesh Chandra Kurre & Another RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4694 OF 2010 PETITIQNERS Arun Kumar Verma & Others RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4759 OF 2010 PETITIONER Arun Kumar Sharma RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S} N0.5090 OF 2010 PETITIONER Pawan Kumar Verma RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.2018 OF 2011 PETITIONER Shridhar Banafar RESPQNDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.5858 OF 2009 PETITIQNER Ali Baksh RESPONDENTS Versus State of Chhattisgarh & Others 10 WRIT PETITION (S) N0.3894 OF 2010 PETITIONER Yashwant Kumar Jogi Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (Sl N0.4140 OF 2Q1Q PETITIONER Ghasiram Burman RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.4141 OF 2010 PETITIONER B.P.Sahu RESPONDENTS Versus State of Chhattisgarh & Others WRIT PETITION (S) N0.5182 OF 2010 PETITIQNER Smt. Phool Kumari Tiwari RESPONDENTS Versus State of Chhattisgarh & Others (Writ petitions under Article 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Awadh Tripathi, Shri Manoj Paranjpe, Shri Shashank Thakur, Shri Alok Bakshi, Shri R.K. Pali & Shri Ashok Patil, Advocates forthe respective petitioners. Shri Sushil Dubey, Government Advocate for the State. Shri B.D.Guru, Advocate for the respondent Municipal Corporation Korba. ORDER (ORAL) (Passed on this 21st day of April, 2011) 11 This batoh of petitions viz. W.P.(S) Nos. W.P. (S) Nos.6710, 6709, 6711, 6966 of 2009, W.P. (S) Nos.2262, 2589, 2598, 2599, 2602, 2603, 2608, 2609, 2611, 2851, 2852, 3152, 3179, 3180, 3438, 3682, 3683, 3684, 3685, 3981, 4021, 4022, 4024, 4025, 4134, 4137, 4138, 4139, 4142, 4276, 4277, 4278, 4299, 4307, 4321, 4322, 4355, 4357, 4359, 4479, 4508, 4515, 4585, 4671, 4672, 4694, 4759, 5090 of 2010, W.P, (S) No. 2018 of 2011, W.P. (S) No.5858 of 2009, W.P. (S) Nos.3894, 4140, 4141 & 5182 of 2010, involves common facts and common question of law asto whether the promotion of the petitioners can be cancelled without affording proper opportunity of hearing to the petitioners. For the purpose of disposal, facts in W.P. (S) No.6710 of 2009 are set out hererin. The petitioners seek to challenge the legality and validity of the order dated 30-9-2009 (Annexure P-1) passed by the Under Secretary to the Government of Chhattisgarh, Urban Administration and Development Department and the order dated 5-10-2009 (Annexure P-2) passed by the Commissioner, Municipal Corporation, Korba, whereby and whereunder promotions of the petitioners have been cancelled. The indisputable facts, in brief, as projected by the petitioners, for disposal of these petitions, are that the petitioners are the employees of the Municipal Corporation, Korba. The respondent authorities after considering the service records of the petitioners and looking to the seniority as well as meritsof the petitioners promoted them on probation for one year to the posts of Office «IJli _E 4. 12 Superintendent, Revenue Inspector, Garden Superintendent, Revenue Officer, Chief Accounts Officer, Assistant Statistical Officer, Assistant Health Officer, Revenue Officer Grade-11, Deputy Commissioner, Social Welfare Officer, Section Officer, Executive Engineer, Senior Sanitary Inspector, Revenue Sub Inspector, Accountant, Public Information Assistant, Private Assistant & Corporation Secretary, vide order dated 20-6-2008. However, all of a sudden and after completion of more than one year, by the impugned orders dated 30-9-2009 (Annexure P-1) and 5-10-2009 (Annexure P-2), the promotion orders have been cancelled. The impugned orders do not contain reasons and also opportunity of hearing was not afforded to the petitioners. Thus, these petitions. Shri Awadh Tripathi, Shri Manoj Paranjpe, Shri Shashank Thakur, Shri Alok Bakshi, Shri R.K. Pali & Shri Ashok Patil, learned counsel appearing fo'r the respective petitioners, submit that the impugned orders are punitive in nature and visits with civil consequences, prejudicing the career of the petitioners adversely. The said punitive orders are illegal, as the basic principles of natural justice and fair play in action have not been followed. Learned counsel further submit that the impugned action of the respondent authorities is against the well-settled principles of law laid down by the Supreme Court as well as this Court in umpteen number of decisions. Learned counsel next submit that the impugned orders may be quashed with all consequential benefits. 13 8. Shri Dubey, learned Govt. Advocate appearing for the State and Shri Guru, learned counsel appearing for the respondent Municipal Corporation, do not controvert the aforesaid submission that before passing the impugned order dated 30-9-2009 no opportunity of hearing was afforded to the petitjoners. However, Shri Gum submits that the promotion orders have been cancelled on the ground that the Local Fund Audit has raised some objection regarding the irregularity in the promotion and on the basis of the instructions issued by the State Government by order dated 29-9-2009, the Corporation cancelled the promotion orders. Having heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto, it is evident that the promotion of the petitioners was done on probation for one year on the basis of recommendation made by the Departmental Promotion Committee (for short "the DPC") and in accordance with the provisions of the Chhattisgarh Municipal Corporation (appointment and Conditions of Service of Officers and Servants) Rules, 2007, vide order dated 20-6-2008. The DPC, it appears, had examined all the aspects ofthe matter before recommending the names of the petitioners for promotion. The impugned orders dated 29-9-2009 & 5-10-2009 were passed without assigning reasons and further without affording an opportunity of hearing to the petitioners. The contention of Shri Guru, learned counsel appearing for the respondent Corporation, that the impugned orders were passed ^^B. '^ 9. 10. 11 Gowri 14 on the basis of objection raised by the Local Fund Audit and as per the directions of the State Government, is noticed to be rejected, on the simple ground that no order, which is punitive in nature and visits with civil consequences, causing prejudice to the personconcerned, can be passed without following (he basic principles of natural justice. This Court, in Murlidhar Gautam v. State of M.P. (now C.G.) & Others considered the decision of the Supreme Court in Bhagwan Shukla v. Union of India & Others as well as the decision of this Court in Laxman Prasad Mishra v. Krishi Upaj Mandi Samiti, Bemetara and observed that no punitive order can be passed without affording an opportunity of hearing to the person concerned, who is affected prejudicially by the impugned order. In view of the above and applying the well-settled principles of law to the facts of the present cases, the impugned orders dated 29-9-2009 & 5-10-2009 are quashed. However, liberty is reserved to the respondent authorities to take appropriate action, if so advised, after following the principles of natural justice. In the result, the writ petitions are allowed to the above extent. No order asto costs. Sd/- Satish K. Agnihotri Judge ' 2008 (3) CGLJ 288 -2AIR1994SC2480 3 WP N0.2800 of 1995 (decided on 17-4-2006)