Neutral Citation No. - 2025:AHC:86281 Court No. - 4 Case :- WRIT - A No. - 6327 of 2025 Petitioner :- Sameer Singh Sengar And Another Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Ayush Mishra,Narendra Bahadur Singh,Sunil Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Ayush Mishra, learned counsel for the petitioners as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioners have questioned the order dated 28.04.2025, whereby, their promotion on the post of Foresters as made on 31.12.2022 has come to be cancelled. The argument advanced by learned counsel for the petitioners is that some ex parte enquiry was got conducted into the promotion of the petitioners and on the basis of report obtained in such ex parte enquiry, the order impugned has come to be passed. It is argued that since petitioners have already stood promoted way back in the year 2024 and were working as Foresters, the minimum requirement in law was to offer them an opportunity to furnish explanation/ reply before passing the order. It is also submitted by Sri Mishra that even copy of the enquiry report was never supplied to the petitioners for their perusal. Pleadings to this effect have come to be taken in paragraph no. 38 of the petitioner. Learned Standing Counsel, upon a pointed query made, submits that in so far as the order dated 28.04.2025 impugned here in this petition is concerned, it is not reflected from the recitals contained in the order that petitioners were ever given any notice before passing the order impugned and accordingly he submits that the matter can be remanded to the authority to pass order afresh after supplying a copy of the enquiry report to the petitioners and seeking their explanation. In view of the above, and having considered the arguments advanced by learned counsel for the petitioners and having perused the pleadings and also the order impugned, I find that there is no quarrel regarding the promotion of the petitioners made on 31.12.2022, however, on account of some in-house enquiry got conducted in which report came that petitioners could not have been promoted as they were junior in the rank of Forest Guard. It is based upon such findings returned in the enquiry report that petitioners' order of promotion has come to be cancelled. The order is absolutely silent about supplying copy of the enquiry report to the petitioners and also regarding any notice ever issued to the petitioners before passing the order. In the considered view of the Court, in the event any order has to be passed which has serious civil consequences and which affects the right and claims of an employee, it is a duty always cast upon the employer to give notice to such an employee before passing the order to put up his defence. It is equally required for an employer to supply a copy of enquiry report if any obtained against such an employee to him, so that such employee may put up his explanation/ defence in respect of findings returned in enquiry report. In view of the above, the order dated 28.04.2025 is rendered unsustainable. Writ petition succeeds and is allowed. The order dated 28.04.2025 is hereby quashed. Matter is remitted to the authority namely the Director, Kanpur Wildlife Sanctuary. The concerned Director is also directed to supply a copy of the enquiry report soon after he receives the certified copy of this order giving an opportunity to the petitioners to submit their explanation which the petitioners would be submitting within the reasonable period of time and after that only, the Director will proceeed to pass order afresh. Order Date :- 21.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad