1 / 5 2025:CGHC:16452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6482 of 2021 1 - Santosh Verma S/o Shri Radheshyam Verma Aged About 33 Years Presently Working As Assistant Grade-II, Jila Antyavasai Sahakari Vikas Samiti, Maryadit, Rajnandgaon District Rajnandgaon Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, S.T./S.C./O.B.C. & Minority Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 2 - Managing Director, Chhattisgarh Rajya Antyavasai Sahkari Vitta Evam Vikas Nigam, Sector-24, Tribal Research Institute, Naya Raipur Atal Nagar, District Raipur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Pawan Shrivastava, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Adv. For Respondent No.2 : Mr. Aniket Verma, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/04/2025 1. By the present writ petition, the petitioner is seeking for the following reliefs :- 10.1 That, the Hon'ble Court may kindly be pleased to direct the Respondents to produce the entire records relating to the case of the Petitioners. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.12 14:16:34 +0530 2 / 5 10.2 That, the Hon'ble Court may kindly be pleased to issue a suitable writ in the nature of Mandamus and quash the order dated-28.06.2021 in respect of petitioner by which the promotion to the petitioner on the post of Assistant Grade-II is granted from 28.06.2021 in place of 05.10.2018. 10.3 That, the Hon'ble Court may kindly be pleased to issue a suitable writ and restore the promotion order dated-05.10.2018 whereby the petitioner was promoted on the post of Assistant Grade-II and further direct to the respondents to grant pay scale, salary and other all benefits accordingly to the petitioner from dated- 05.10.2018. That, the Hon'ble Court may kindly be pleased to direct the respondent no.2 to consider and decide the representations of petitioners, within a period of 30 days. 10.4 Any other relief, which Hon'ble Court deems fit, and proper in the circumstances of the case and petition may kindly be allowed with costs. 2. Learned counsel appearing for the petitioner would submit that initially the petitioner was appointed as Assistant Grade-III and subsequently he was promoted to the post of Assistant Grade-II vide order dated 05/10/2018. Pursuant to the said order, the petitioner joined on the promotional post and thereafter running from pillar to post for fixation of his pay scale on the promotional post, even he approached this court on two occasions for the said purpose. In the meantime, all of a sudden by order dated 28/06/2021, the promotion order dated 05/10/2018 has been cancelled stating therein that in the said promotion order, one Ku. Meekal Das has wrongly been promoted. 3 / 5 3. According to the petitioner, on account of wrong promotion of one person, entire promotion list has been cancelled in an illegal and arbitrary manner and even before cancellation of the promotion order, no opportunity of hearing has been afforded to the petitioner. Thus, this petition. 4. Learned counsel appearing for the state on the other hand, would oppose the aforesaid submission made by counsel for the petitioner and submit that after the promotion order, a committee was constituted to enquire the irregularities committed by the DPC. The enquiry committee found that the candidature of around 4 seniors and juniors to the petitioner could not have been considered in the DPC dated 05/10/2018 and accordingly, the review DPC was convened where all the eligible persons were considered. Therefore, it cannot be said that the order impugned has been passed in an illegal and arbitrary manner. 5. I have heard learned counsel for the parties and perused the documents. 6. This Court vide order dated 17/03/2025, directed the respondents as to what action they have taken before cancellation of the promotion order and they will specifically clarify what will the effect of cancellation of promotion order of Meekal Das from the post of AG-III to AG-II, whether the case of Meekal Das has some effect over the case of the petitioner, the DPC conducted on 05.10.2018 be also clarified in their affidavit what material they have considered for promotion of the petitioner in the year 2018. 4 / 5 7. In compliance of the said order, the respondent No.2 has filed his affidavit wherein it has been stated that upon internal review on 17/10/2018, it is came to the notice of the authorities that one Ku. Meekal Das was erroneously recommended for promotion, despite the fact that she was not having the requisite criteria of Hindi typing. The said fact was not placed before the DPC. Thereafter, when the said fact came to fore, the Department cancelled the promotion order and on the very same day, the authorities after following the due process of law, promoted the eligible candidates from the post of AG-III to AG-II including the present petitioner. 8. It is an admitted fact that before passing the impugned order whereby the promotion order has been cancelled, no opportunity of hearing was afforded to the petitioner and even no show cause notice has been issued to him. 9. It is the well settled proposition of law that if there is a power to decide and decide detrimentally to the prejudice of a person, duty to act judicially is implicit in exercise of such a power and that the rule of natural justice operates in areas not covered by any law validly made. 10. It is also the trite law that the adherence to principles of natural justice as recognized by all civilized states is of supreme importance or when a quasi judicial body embarks on determining dispute between the parties, or any administrative action involving 5 / 5 civil consequences is an issue. Even an administrative order, which involves civil consequence must be consisted with the rules of natural justice. 11. Applying the well settled principles of law to the facts of the present case and for the reasons stated hereinabove, it is quite vivid that the order impugned dated 28/06/2021 (Annexure P/1) with respect to cancellation of the promotion order dated 05/10/2018, as far as it relates to the petitioner herein, appears to be passed without giving an appropriate opportunity of being heard to the petitioner, the same cannot be sustained and accordingly, it is set aside. 12. Resultantly, the writ petition is allowed to the extent indicated above. Sd/- (BIBHU DATTA GURU) JUDGE Gowri/ $. Bhilwar