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by Admin
07 May 2024 2:49 AM
The Punjab and Haryana High Court today overturned the decision of the Punjab government to revert Gursharan Singh and two others from their positions as Inspector Generals (IG) to Deputy Inspector Generals (DIG), citing a significant breach of natural justice due to the failure to provide a proper hearing.
The court examined the infringement of the principles of natural justice, highlighting the absence of a follow-up hearing after the original meeting with the Chief Minister was postponed and never rescheduled.
After initial show cause notices and multiple rescheduling, the petitioners were set to have a personal hearing before the Chief Minister, which was postponed. No new date was provided, and the government subsequently issued reversion orders, leading to this legal challenge.
Initial Procedures: The timeline of notices and scheduled hearings pointed to an anticipated resolution through a personal hearing that never materialized.
Procedural Breach: "The respondent was duty-bound to fix another date for personal hearing," remarked Justice Bansal, indicating the administration's negligence in fulfilling its obligations under natural justice.
Focus on Natural Justice: The court refrained from addressing the merits of the reversion, focusing instead on the procedural flaws that led to the setting aside of the impugned orders.
Decision The court invalidated the orders reverting the petitioners to the rank of DIG and directed the respondents to ensure a proper hearing is held, issuing new orders accordingly by June 15, 2024.
Date of Decision: May 10, 2024
Gursharan Singh Sandhu and others v. State of Punjab and others