1 / 3 2026:CGHC:6490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 40 of 2024 Ramesh Kumar Kurre S/o Shri Gaind Lal Kurre Aged About 50 Years Sahayak Grade III, Govt. High School, Kolhiyapuri,Durg, Distt. Durg (C.G.) ... Petitioner(s) versus 1 - State Govt. Of C.G. Through The Secretary, School Education Department, Ministry, Mahanadi Bhawan, P.S. Rakhi, New Raipur (C.G.) 2 - District Education Officer Durg (C.G.) 3 - Principal Govt. High School, Kolhiyapuri Distt. Durg (C.G.) ... Respondent(s) For Petitioner : Mr. Ajay Shrivastava, Advocate For State : Mr. Ajay Kumrani, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 05/02/2026 1. With the consent of learned counsel appearing for the parties, this case is heard finally. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.02.07 17:29:10 +0530 2 / 3 2. 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. 3. 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, respondents have cancelled the promotion order of the petitioner without giving any opportunity of hearing or notice. 4. 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. 5. I have heard learned counsel for the parties and perused documents. 6. From perusal of the documents and submission made by counsel for 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 3 / 3 return at para 5, it has been pleaded that before passing the impugned order show cause notice has been issued and the petitioner has also submitted reply, however to buttress the said contention no document has been filed. Order cancelling the promotion order has been passed only on the basis of an 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. 7. In view of the aforementioned facts of case, impugned order dated 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. 8. Accordingly, the instant writ petition is allowed to the above extent. Sd/- (Parth Prateem Sahu) Judge Praveen