- (1.) Aggrieved by the order of respondent No. 2, the Secretary, market Committee, dated 11.1.1978, annexure P/3, the petitioner filed C.W.P. No. 306 of 1978 in this court praying for quashing of the said order submitting therein that he had been illegally and arbitrarily reverted from the post of head Clerk to the post of Mandi Supervisor cum-Fee Collector. The learned Single Judge vide the judgment impugned in this appeal dismissed the petition of the appellant mainly on the ground that as the board had not confirmed the action of the Market Committee by which the petitioner was promoted, his reversion was valid requiring no action it was further held that in the absence of a legal or valid order or promotion of the appellant as a Head Clerk, he was not entitled to enjoy the status of a confirmed Head Clerk and was liable to be reverted without assigning any reason.
(2.) It is revealed from annexure P/2 attached with the petition that the committee had unanimously confirmed the promotion of the petitioner to the post of Head Clerk on 7.3.1977. It is now well settled that after a civil servant is promoted to a post, he acquires a right and cannot be reverted without compliance of the service rules or atleast the principles of natural justice. Even wrong promotion could not be made a basis for reverting him without compliance of the principles of natural justice and affording him the opportunity of being heard. The learned Single Judge, therefore, was not justified in dismissing the writ petition.
(3.) For the reasons discussed herein above, we allow this appeal by setting aside the judgment of the learned Single Judge. Consequently, the order impugned in the writ petition annexure P/3 shall stand quashed and the petitioner held to have been promoted in the absence of the order impugned in the writ petition. No costs.;