IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1893 of 2008 (O&M) Date of decision:02.03.2010 Satish Kumar son of Shri Munshi Ram, Accountant, Market Committee, Abohar ....Petitioner versus Punjab State Agricultural Marketing Board, SCO Nos.149-152, Sector 17-C, Chandigarh through its Secretary and another. ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.R.S.Chauhan,Advocate, for the petitioner. Mr. Sanjeev Sharma, Advocate, for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. Counsel for the respondents seeks for time to secure instructions on the documents which are filed by the petitioner through the C.M. The complaint in the writ petition is that a reversion order has been made even without any notice to him. The statement in defence to such a contention is that the order of reversion was not punitive but the petitioner had to be reverted in view of the fact that one Bharat Bhushan had been promoted from the post of an Accountant to Superintendent and by virtue of such promotion, there was no post available for the petitioner to be accommodated and, therefore, he was reverted. Civil Writ Petition No.1893 of 2008 (O&M) - 2 - 2. Counsel for the petitioner would join issue to this contention by stating that the petitioner obtained promotion when a junior to him by name Dharam Pal had been promoted and when he stated his objection, Dharam Pal had been reverted and he had been promoted to the higher post. The petitioner further contends that the assumption of the respondents that he was appointed only to the post which Shri Bharat Bhushan now holds, is not correct, since the latter came to the promotion post through another stream. 3. As an elementary principle, the respondent could not have passed an order of reversion without issuing a show cause notice against the proposed action. The impugned order is therefore set aside and the respondents will issue appropriate notice to show cause against reversion and take a decision after the petitioner states his objections. Any of the observations made above shall not be taken as constituting any fetter against the respondent to take an objective decision on the basis of the objections received from the petitioner and on due consideration of the records. Subject to this liberty to the respondents, the impugned proceedings are quashed and the writ petition is disposed of as such. (K.KANNAN) JUDGE 02.03.2010 sanjeev