1 2025:CGHC:17966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9 of 2024 1 Bharat Lal S/o Shri Sukh Chain Yadav Aged About 50 Years Post- Sahayak Grade I I I, Govt. High School, Hirri, Block Dhamdha, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, School Education Department Ministry, Mahanadi Bhawan, P.S. Rakhi, New Raipur, Chhattisgarh. 2 District Education Officer Durg, Chhattisgarh 3 Principal Govt. High School, Hirri, Block Dhamdha, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Sanjay Shrivastava, Advocate For Respondent/ State : Shri Ajit Singh, G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.22 10:28:06 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 21/04/2025 Heard. 1. By the present writ petition, the petitioner, is questioning the order dated 08.12.2023 (Annexure P-2) by which the promotion granted to the petitioner from the post of peon to Assistant Grade -III has been cancelled. 2. Learned counsel for the petitioner submits, that the petitioner has been promoted from the post of peon to Assistant Grade-III on the recommendation of the Departmental Promotion Committee of School Education Department by order dated 05.10.2023 (Annexure P-1) issued by the District Education Officer. He further submits that vide order dated 08.12.2023 (Annexure P-2) on the basis of enquiry about the date of regularization of the petitioner on the post of peon, the respondents have cancelled the promotion order of the petitioner without giving any opportunity of hearing or notice to the petitioner. 3. Learned State counsel submits that the order dated 08.12.2023 has been passed by District Education Officer on the basis of the enquiry report submitted by the enquiry committee. He further submits that a query was raised regarding the date of regularization and seniority of the petitioner and hence the promotion granted to the petitioner to the post of Assistant Grade- III has been cancelled and there is no illegality in the order. 3 4. I have heard learned counsel for the parties and perused the documents. 5. From perusal of the documents and submission made by the parties, it appears that before issuance of impugned order dated 08.12.2023, due procedure has not been followed and also sufficient opportunity of hearing was not afforded to the petitioner. Though, in the return at para 5, it has been pleaded that before passing the impugned order the show cause notice has been issued and the petitioner has also submitted the reply, however to buttress the said contention no document has been filed. The order cancelling the promotion order has been passed only on the basis of a enquiry report prepared behind the back of the petitioner, Hence, the order dated 08.12.2023 (Annexure P-2) has been passed in violation of principles of natural justice, it is well settled principle of law that the order of promotion cannot be cancelled without following the principles of natural justice. 6. Hence, considering the same, the impugned order 08.12.2023 (annexure P-2) is quashed. However, State is at liberty to take appropriate action, if so desired, by following principles of natural justice and by affording opportunity of hearing to the petitioner. 7. Accordingly, the instant writ petition is allowed to the above extent. Sd/- (Bibhu Datta Guru) JUDGE Jyoti