IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 7936 of 2010 Date of Decision: 4.5.2010. Prem Singh --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. K.S. Banyana, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner has been inflicted the punishment of reversion from the rank of E.S.I to A.S.I vide the impugned order dated 28.4.2010 (Annexure P-4). Apart from the other grounds it is argued that the copy of the inquiry report was for the first time furnished to the petitioner along with the show cause notice, meaning thereby that the disciplinary authority had accepted the findings of the Inquiry Officer without even providing an opportunity of hearing to the petitioner to represent against the findings of the inquiry report. From the perusal of show cause notice it is clearly established that the disciplinary authority has not only accepted the findings of the Inquiry Officer but also decided to impose penalty of reversion without CWP. No. 7936 of 2010 -2- affording any opportunity of being heard to the petitioner or an opportunity to make appropriate representation against the findings of the inquiry report. This is a serious violation of principles of natural justice. The issue is also covered by a judgement of the Hon'ble Apex Court in case of Union of India and others Vs. Mohd. Ramzan Khan reported as (1991) 1 SCC 588. In view of the above circumstances, the impugned order (Annexure P-4) is hereby set aside and the matter is remitted back to the disciplinary authority. The disciplinary authority will provide an opportunity to the petitioner to make representation in respect to the inquiry report and on consideration of representation the disciplinary authority will proceed further in the matter and pass a fresh order within a period of four months. (PERMOD KOHLI) JUDGE 4.5.2010. lucky