SWATANTER KUMAR,J. - (1.) Petitioner-Sadhu Singh was reverted to Class-IV post by the Director Administration, Department of Education, Punjab, Chandigarh, vide order dated 17.8.2001. The relevant extract of the said order reads as under :- "Shri Sadhu Singh, SLA was given a show cause notice about this unauthorised promotion vide then office order No. 3/2-95 DA (2) dated 2.8.1999 so that he could explain his position. On receipt of reply from official he was given opportunity of personal hearing. Seniority of the official is at Sr. No. 676 whereas the class IV officials were given promotion as SLA/Library Restorer upto Sr. No. 253. It is clear that officials senior to him were not given promotion as SLA/Library Restorer. Therefore, promotion given to Shri Sadhu Singh SLA, Govt. High School, Lodhi Majra (Ropar) on 22.12.1978 is District Education Officer (S) unauthorizedly is cancelled and he is reappointed to his original Class IV post. Name of this official will be considered for promotion in accordance with his seniority per Rules/instructions."
(2.) The petitioner contends that the afore-stated order is violative of principle of natural justice, contrary to constitutional protection available to the petitioner under Article 311 of the Constitution of India and has been passed after lapse of 22 years. By that time, the petitioner has acquired substantive right to the said post. The action of the respondents is stated to be arbitrary and without any reasonable basis.
(3.) These contention of the petitioner are refuted by the respondents, who, upon notice, detailed reply. According to the respondents, the petitioner was wrongly promoted by the District Education Officer, who was not the competent authority to promote any person of Class-IV employee in the department. A show cause notice was given to the petitioner and thereafter the impugned order has been passed in consonance with the rules and as, such, the action is neither arbitrary nor violative of any principle.;