No One Can Be Denied Already Granted Benefit Without Due Process: High Court Demands Fair Play in Promotions

In a significant ruling that underscores the principles of justice and fair administrative practice in government promotions, the Punjab and Haryana High Court, led by Hon'ble Justice Jagmohan Bansal, issued a landmark judgment yesterday. The court emphasized the critical need for due process in administrative actions, particularly in matters of promotions and seniority.

The case, involving a group of petitioners from the Punjab Home Guards and Civil Defense department, revolved around a contentious seniority list that seemingly disadvantaged the petitioners despite their earlier promotions. Justice Bansal, in his ruling, asserted, “No one can be denied already granted benefit without issuing show cause notice followed by opportunity of hearing.” This statement has resonated across administrative and legal circles, highlighting the court's commitment to ensuring that due procedures are followed in governmental decisions.

The petitioners, initially promoted to Havildar Instructors and then to Platoon Commanders, found themselves in a predicament when their retrospective promotions were not acknowledged in the department's seniority list. They approached the High Court seeking redressal and the setting aside of the contested seniority list.

Delving into the intricacies of the case, Justice Bansal pointed out the flaws in the administrative process. He noted that the respondent's actions amounted to recalling previous promotion orders without proper notice and hearing, which is contrary to the principles of natural justice and administrative fairness.

The court directed the State to issue show cause notices and provide a hearing opportunity to the petitioners before finalizing the seniority list. This decision is expected to have far-reaching implications, especially in reinforcing the rule of law and procedural fairness in governmental actions.

Date of Decision: 12.01.2024

MOHANDEEP SINGH AND OTHERS  VS STATE OF PUNJAB AND OTHERS