Court Upholds Principles of Natural Justice, Allows Petition Against Reversion During Probation Without Hearing
In a significant judgment, the Punjab and Haryana High Court has quashed the reversion order against Major Shaveta Sharma, who was reverted from the position of Superintending Engineer to Executive Engineer by the Haryana Shehri Vikas Pradhikaran (HSVP). The court ruled that the reversion order, issued without providing Major Sharma an opportunity to be heard, violated principles of natural justice.
Major Sharma, who served in the Indian Army before joining the Haryana Urban Development Authority, was promoted to the post of Superintending Engineer but placed on probation. The reversion followed allegations of unsatisfactory work and conduct, which were linked to ongoing investigations and FIRs, although no formal charges had been framed against her.
The court, presided by Justice Harpreet Singh Brar, emphasized that reversion is a serious civil consequence impacting an employee's career and must adhere to principles of natural justice. It was noted that the petitioner was not given a chance to present her case before the reversion order was executed, thus rendering the order invalid.
While the court upheld the employer's right to impose probation conditions upon promotion, it stressed that any adverse action during probation must be fair and transparent, providing the employee an opportunity to contest the allegations.
The judgment reinforces the legal principle that in public employment, employers must ensure fair procedure and adherence to natural justice, especially in cases involving potential stigma and civil consequences.
Bottom Line:
Employment Law - Reversion of employee during probation period can be made if work and conduct are found unsatisfactory - However, such an order must comply with principles of natural justice and provide an opportunity for the employee to be heard.
Statutory provision(s): Article 226 of the Constitution of India, Indian Penal Code, 1860, Prevention of Corruption Act, 1988, Code of Criminal Procedure, 1973.
