J.L. Gupta, J. - (1.) The petitioner was working as a Junior Engineer. He was promoted as an Assistant Engineer vide order dated August 29,2000. Less than a year later, he was ordered to he reverted vide order dated August 6, 2001. Aggrieved by the order of reversion, the petitioner has approached this Court through the present writ petition. It is alleged that the action is violative of the principle of natural justice as n 6 opportunity was granted to the petitioner before he was ordered to be reverted. It is further maintained that two posts are available. Thus, the petitioner could be adjusted against one of those posts. On this basis, the petitioner claims that the order of his reversion (a copy of which has been produced as Annexure P -4 with the writ petition) be quashed.
(2.) We have heard Mr.R.K.Arora, learned counsel for the petitioner. He submits that the action of the respondents is violative of the principles of natural justice. He relies upon the decisions in Virendra Kumar Misra v/s. State of Uttar Pradesh,, 1995(4) SCT 71 SC Butwant Singh Katari v/s. State of Haryana , 1997(3) SCT 475 P&H and Ashok Kumar Bhardwaj v/s. The Haryana Institute of Public Administration, Gurgaon, 2000 (4) SCT 21. He further submits that since two posts are available, the petitioner could be adjusted against one of those posts.
(3.) A copy of the order of promotion has been produced as Annexure P3 with the writ petition. A penisll of this order shows that the petitioner's promotion was specifically made subject to "the outcome of Court cases/Departmental enquiries pending against his seniors". It was further stipulated that "in this eventuality Shri Sukhjinder Singh shall have to vacate the post of Assistant Engineer". Admittedly, the departmental proceedings against the persons senior to the petitioner have been dropped. Resultantly, they have been ordered to be promoted. The petitioner has been reverted to make room for one of them. In this process, no illegality has been committed. The petitioner has been reverted in strict conformity with the terms of his appointment.;