IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 6129 of 2011-G. Decided on : 27th December, 2011. _____________________________________________________ Ms. Hema Mehta, wife of Sh. B.N. Mehta, Resident of House No. 18/3, Errin Villa, Ground Floor, Near Snow View Lodge, Shimla-171001, H.P., presently working as Junior Assistant in the office of Himachal Pradesh State Commission for Backward Classes, Block No. 38, S.D.A. Commercial Complex, Kasumpti, Shimla-171009. …Petitioner. -Versus- 1. State of Himachal Pradesh through the Principal Secretary (Social Justice & Empowerment) Department, to the Government of Himachal Pradesh, Shimla-171002. 2. H.P. State Commission for Backward Classes, through its Additional Secretary, Block No. 38, S.D.A. Complex, Kasumpti, Shimla-171009. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner : Mr. N.D. Sharma, Advocate. For the respondents : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Petitioner was promoted to the post of Junior Assistant vide office order dated 01.06.2010 (Annexure P-3). In sequel thereto, the pay of the petitioner was also fixed vide office order dated 02.06.2010 (Annexure P-5). However, vide office order dated 21.07.2011 (Annexure P-6), the office order dated 01.06.2010 has been withdrawn. The pay of the petitioner has also been reduced vide office order dated 26.7.2011 (Annexure 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - P-7). Admittedly, the petitioner has not been issued any show- cause notice before the issuance of office order dated 21.07.2011 (Annexure P-6) withdrawing the earlier promotion order of the petitioner dated 01.06.2010 (Annexure P-3). Petitioner has suffered civil and evil consequences. Petitioner ought to have been issued at least a show-cause notice before the withdrawal of order dated 01.06.2010. The action of the respondents to withdraw the order dated 01.06.2010 without hearing the petitioner is declared arbitrary. 2. Accordingly, the writ petition is allowed. Annexure P-6, dated 21.07.2011 and Annexure P-7 are quashed and set aside. However, liberty is reserved to the respondents to proceed with the matter in accordance with law. The pending application(s), if any, also stands disposed of. (Rajiv Sharma) Judge December 27, 2011. (bhupender) - 3 - `