I.S. Tiwana, J.(Oral) - (1.) While preparing the select list of the Assistant Sub Inspectors of the Haryana Police for being sent to the Upper School Course at Madhuban, the petitioner along with two others was placed in the reserved category. Since some of the persons selected did not choose to join the Course which was to start on 1st April, 1983, the petitioner was deputed to the said Course. He has been recalled from that Course vide impugned order annexure P2 which reads as follows "ASI Bhagat Ram No. 2KKR deputed for Upper School Course commencing w. e. f. 4-4-1983 (D. I. G. AR vide PRM No. 4855-57/A, dated 6-4-1983 ordered that he may not be deputed for said course. Request direct him to report back immediately." It is impugned on the ground that it is violative of the principles of natural justice inasmuch as no show-cause notice or hearing of any sort was given to him prior to his recall from the Court. This is sought to be explained on behalf of the respondent-authorities on the plea that respondents No. 3 to 5 who were otherwise senior to the petitioner as Assistant Sub Inspectors were omitted from being included in the select list through inadvertence. Be that as it may, the fact remains that before affecting the right of the petitioner to continue and complete the Course he was undergoing he was required to be issued a show-cause notice to meet the principles of natural justice. In the absence of the same, the impugned order cannot possibly be sustained. For this conclusion of mine I seek support from the observations made in Udham Singh Vs. Inspector-General of Police 1973(1) SLR 1048 , Sukh Dutt Vs. State of H P. 1977(2) SLR 433 and C.W.P. No. 1631 of 1982 (Davindra Kumar Vs. State of Haryana) decided on 21st Sept., 1982 , in somewhat similar circumstances.
(2.) In view of the above, I set aside the impugned order (Annexure P2). This, however, is made clear that this does not debar the respondent-authorities to go into the matter afresh in accordance with law and the observations made above I, however, pass no order as to costs. Order accordingly.;