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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Major Shaveta Sharma – Appellant
Versus
Haryana Shehri Vikas Pradhikaran – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing of impugned order dated 30/31.12.2025 (Annexure P-12) whereby the petitioner was ordered to be reverted to the post of Executive Engineer (Civil). Further prayer has been made for quashing the impugned conditions of probation in the letter of promotion dated 17/18.07.2024 (Annexure P-7).
FACTUAL BACKGROUND
2. Briefly, the facts are that the petitioner had joined the Indian Army as Lieutenant in March, 2001. She was promoted to Captain in December, 2001 and thereafter, to Major in the year 2005. The petitioner served the Indian Army till March, 2006 after which she applied for the post of Sub Divisional Engineer (Civil) with the Haryana Urban Development Authority in pursuance of advertisement No.2005/2 issued in November, 2005. She participated in the selection process and was ultimately appointed to the said post vide appointment letter dated 30.11.2006 (Annexure P-1).
3. The petitioner received a promotion to the post of Executive Engineer (Civil) on regular basis, as indicated by order of promotion
Petitioner would not gain any advantage out of it because one illegality cannot be justified by the Court exercising jurisdiction under Article 226 of the Constitution of India by issuing directions ....
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
The mere expiration of a probation period does not automatically confer confirmation; punitive actions require adherence to procedural safeguards under Article 311.
Substantive DPC promotion cannot be rescinded unilaterally without notice, hearing, and due process under natural justice principles.
The main legal point established in the judgment is that under Rule 10(A) of the Gujarat Civil Services (Classification and Recruitment) General Rules, 1967, the petitioner's services should be treat....
The main legal point established in the judgment is that the relief of promotion was not claimed or granted in the decree dated 17.11.2003, and the petitioner was not entitled to promotion as a matte....
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
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