1 2025:CGHC:3971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 596 of 2025 Sangeeta Mandavi W/o Late Dev Kumar Mandavi Aged About 44 Years Presently Working On The Post Of Assistant Grade - III In The Office Of Chief Medical And Health Officer, Narayanpur, District Narayanpur Chhattisgarh. ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralay, New Raipur, Chhattisgarh. 2 - The Director Health Services, Directorate Health Services, Atal Nagar, Raipur Chhattisgarh. 3 - The Collector, Narayanpur, District Narayanur Chhattisgarh. 4 - Joint Director, Health Services, Bastar Division, District Bastar Jagalpur Chhattisgarh. 5 - The Chief Medical And Health Officer (CMHO) Narayanpur, District Narayanpur Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Shri Sushil Dubey, Advocate. For Respondents/State : Shri Abhishek Gupta, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.25 16:19:32 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 22/01/2025 1. Heard Shri Sushil Dubey, learned counsel for the petitioner and Shri Abhishek Gupta, learned Panel Lawyer for the State. 2. Instant petition has been filed seeking following reliefs:- “(i)That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner. (ii)That, this Hon'ble Court may kindly be pleased to issue a writ in nature of` mandamus whereby to set aside/quash the impugned Order dated 10.01.2025 issued by the Office of Chief Medical and Health Officer, Narayanpur, District Narayanpur (CG) in the interest of justice. (iii)That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the promotion order of the petitioner has been cancelled by the impugned order dated 10/01/2025 (Annexure P-1). She was working as Peon, however by the departmental promotion, she has been promoted to the post of Assistant Grade-III vide order dated 23/12/2024 (Annexure P-6). The petitioner submits that she is still continuing on the post of Assistant Grade-III by virtue of her promotion order and without giving any opportunity of hearing and without assigning any reason, her promotion has been cancelled, as such the impugned order is required to be quashed. 3 4. On the other hand, learned State counsel submits that since the promotion order was not in accordance with law, therefore promotion order was cancelled by the impugned order and there is nothing to show that there is any illegality in passing such order. 5. Considering the facts and circumstances of the case, further considering the orders passed by the coordinate bench in case of Murlidhar Gautam Vs. State of M.P. (Now C.G.) and others reported in 2008(3) C.G.L.J. 288 also considering the order passed in the case of Chandra Nath Singh Vs. State of Chhattisgarh & ors. in WPS No.4024/2012, I am of the opinion that at least an opportunity of hearing was required to be given to the petitioner if such an order is required to be passed against the petitioner. Since there is apparent violation of principles of natural justice, I am of the opinion that it is a fit case to quash the impugned order. No order which is punitive in nature and visits with civil consequences, causing prejudice to the person concerned can be passed without following the principles of natural justice. However, the respondent/authorities are at liberty to give notice and to pass appropriate orders after giving due opportunity of hearing to the petitioner. 6. With this observation, the petition stands disposed of, while quashing impugned order dated 10/01/2025 (Annexure P-1). Sd/- (Amitendra Kishore Prasad ) Judge gouri