Reversion of an employee without notice violates principles of natural justice; pre-decisional hearing is essential before such actions.

JUDGMENT :

MANISH CHOUDHURY, J.

The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India to assail an Office Order dated 04.08.2025 [Annexure-17] issued under the hand of the respondent no. 4, whereby, the respondent no. 4 has reverted the petitioner back from the post of Assistant Manager [F&A] to his previous post of Accounts Officer with immediate effect. A further direction has been made to the effect that the higher amount of salaries and allowances the petitioner had drawn on account of his promotion to the post of Assistant Manager [F&A] with effect from 21.06.2024 would be recovered from the petitioner.

2. I have heard Mr. S. Borthakur, learned counsel for the petitioner; and Mr. D. Nath, learned Senior Government Advocate, Assam & Standing Counsel, the Assam Power Generation Corporation Limited [APGCL] for the respondent nos.1 & 2 – 4.

3. As the learned counsel appearing for the respondent nos. 1 & 2 – 4 has submitted that he has received the necessary instructions from the respondent APGCL authorities, the writ petition is taken up for final consideration, as agreed to by the learned counsel for the parties. Notice issued is, therefore, made returnable forthwith, as urged by the learned counsel appearing for the parties.

4. The Assam State Electricity Board [ASEB] was established in the year 1958 under the Electricity [Supply] Act, 1948. The ASEB used to manage generation, transmission and distribution of powers in the State of Assam as per the duties defined under the Electricity [Supply] Act, 1948. A process of reform was carried out and the ASEB was trifurcated into three new entities viz. [i] Assam Power Generation Corporation Limited [APGCL]; [ii] Assam Electricity Grid Corporation Limited [AEGCL]; and [iii] Assam Power Distribution Company Limited [APDCL]. All the new entities are State Public Sector Enterprises and are inter-alia governed by the provisions of the Indian Electricity Act, 2003.

5. The petitioner came to be appointed as an Assistant Accounts Officer in the APGCL after his selection through a recruitment process and he was appointed to the said post vide an Office Order dated 04.05.2010. The petitioner joined in the post on 13.05.2010 by submitting a joining letter. It is stated that the respondent no. 5 was also selected in the said recruitment process and also appointed in the post of Assistant Accounts Officer. In the Office Order dated 04.05.2010, the names of the petitioner and the respondent no. 5 appeared at serial nos. 12 and 9 respectively. The Office Order mentioned that the appointees’ inter-se-seniority would be fixed in due course.

5.1. Subsequently, both the petitioner and the respondent no. 5 along with others were promoted to the post of Deputy Accounts Manager vide an Office Order dated 03.08.2012 with a note that the inter-se-seniority would be notified by the concerned authority in due course. By another Office Order dated 18.02.2017, the petitioner was promoted to the rank of Accounts Officer with usual pay and allowances along with two other Deputy Accounts Officer. As on 18.02.2017, the respondent no. 5 was not promoted to the rank of Accounts Officer. In an inter-se-seniority list published for ten nos. of Accounts personnel in the rank of Accounts Officer on 05.07.2017, the name of the petitioner figured at serial no. 8 whereas the name of the respondent no. 5 did not figure.

5.2. By an Office Order dated 04.11.2019, the respondent APGCL had published an inter-se-seniority list of the personnel in the rank of Accounts Officer wherein the petitioner’s name appeared above the respondent no. 5 as his name appeared at serial no. 11 against the name of the respondent no. 5 at serial no. 12. In another inter-se-senior