Violation of principles of natural justice in demoting the petitioner without notice or hearing

S.S. Shinde, J.

1. Heard. Rule. Rule made returnable forthwith heard with the consent of the parties.

2. This petition is filed with following prayers:

A] By issue of merit of certiorari or orders or directions in the nature of writ of certiorari Hon'ble Court may quash and set aside the order dtd. 18/4/2013 at Exhibit-"F", issued by the respondent No. 1 C.E.O. cancelling the appointment of the petitioner as Agriculture Officer and appointing respondent No. 3 in place of petitioner.

C] By issuing writ of mandamus or directions or orders in the nature of writ of mandamus the respondent Nos. 1 be directed to permit the petitioner to resume the post of Agriculture Officer in Panchayat Samiti, Lohara; and for that purpose issue necessary orders. The relevant facts for the purpose of deciding present petition, as disclosed in the Memo of the petition are as under:

3. It is the case of the petitioner that, the petitioner possessed B.Sc. [Agri] degree, and therefore, was eligible for appointment as an Extension Officer [Agriculture], District Technical Services, Class-III. petitioner was appointed as an Extension Officer [Agriculture] Grade-I in the scale of Rs. 5000-150-8000/-, and posted at Panchayat Samiti, Omerga, under the order issued to the petitioner by the Chief Executive Officer dated 10.8.2006. Petitioner joined the duties on 14th August, 2006 at Panchayat Samiti, Omerga. It is further the case of the petitioner that, the respondent No. 3 was also appointed on 10th August, 2006 as an Extension Officer [Agriculture], Grade-I. However, the respondent No. 3 did not join the post immediately, as he was in the service of Mahatma Phule Agricultural University, Rahuri at the relevant time. After the appointment as an Extension Officer, the respondent No. 3 submitted his resignation to the University Authorities, and the University Authorities by an order dated 21st November, 2006 accepted the resignation of the respondent No. 3. The respondent No. 3 said to have been joined the services on 8th September, 2006, later than the petitioner as indicated in the report dated 7th November, 2006 submitted by the Block Development Officer, Panchayat Samiti, Tuljapur.

4. It is further the case of the petitioner that, petitioner, during service tenure, has passed Departmental Examination as required under the Rules, and also completed the Computer Course namely MSCIT. Thereupon, the petitioner's services were confirmed as permanent employee of the Zilla Parishad, and necessary entries to that effect have been recorded in the service book. The petitioner, since the appointment, is in continuous service of Zilla Parishad, Osmanabad. It is further the case of the petitioner that, the Agricultural Development Officer, Zilla Parishad, Osmanabad i.e. respondent No. 2 published a seniority list of the employees, working in the Zilla Parishad and the petitioner was shown as senior to the respondent No. 3 and placed at the higher position in the seniority list. The Departmental Promotion Committee [DPC], in its meeting held on 16th November, 2009, considered the case of the petitioner along with others for effecting promotions to the post of Agriculture Officer. The petitioner, being Senior and meritorious, was considered as eligible and fit for promotion by the DPC. Accordingly, on the basis of recommendations made by the DPC, the Chief Executive Officer issued an order of promotion dated 19th December, 2009, promoting the petitioner to the post of Agriculture Officer and posted at Panchayat Samiti, Lohara. The petitioner was relieved for joining on promotional post on 31st December, 2009, and joined as such on 1st January, 2010 at Panchayat Samiti, Lohara. From the date of joining, on 1st January, 2010, on promotional post as an Agricultural Officer, petitioner continuously worked as such.

5. It is further the case of the petitioner that, the respondent No. 3 did not raise objection to the placement of the petitioner in the seniority list, nor p