JUDGMENT :

Rajeev Misra, J.

Heard Miss. Vallabhi Shukla, the learned counsel for petitioner and the learned Standing Counsel for respondents.

2. Challenge in this writ petition is to the order dated 18.2.2022 passed by respondent-3, Inspector General of Police, P.A.C., Lucknow, U.P. whereby promotion granted to the petitioner on the post of Head Constable has been cancelled.

3. Present writ petition came up for admission on 6.5.2022 and this Court passed the following order:

''Learned Standing Counsel prays for and is granted two weeks' time to obtain instructions in the matter.

Put up as fresh on 20.5.2022.

Order Date : 6.5.2022''

4. Pursuant to above order dated 6.5.2022, the learned standing counsel has not received instructions.

5. With the consent of the parties, present writ petition is being finally disposed of at the admission stage itself.

6. Record shows that petitioner was initially appointed on the post of Constable. Thereafter, petitioner was promoted on the post Head Constable on 29.8.2006. Promotion granted to the petitioner was on interim basis i.e. till regular selections are made or till the disposal of sealed cover of such candidates who have been considered for regular selection. The Inspector General of Police, P.A.C., U.P. Lucknow issued letter dated 16.11.2021, whereby names of such Constables, who were appointed upto 29.8.2006 were invited for considering their promotions on the post of Head Constables for the Selection Year-2020. Subsequent to above, the Department has prepared a Seniority List wherein the name of petitioner finds mention at Serial No. 1510. While aforesaid exercise was undergoing, the Head Quarter Provincial Arms Constabulary, issued a letter dated 11.2.2021 whereby Guide Lines regarding promotion to the post of Head Constables from the post of Constables were formulated. As per the said Guide Lines, the service record of the last ten years of service of a candidate was to be taken into consideration. Another criteria that was provided was that no criminal case should have been registered against the prospective candidate. The name of petitioner was considered by the Recruitment Board and ultimately, petitioner was promoted on the post of Head Constable vide order dated 17.2.2022 passed by Inspector General of Police, P.A.C. U.P., Lucknow. While the petitioner was working on the promotional post, Case Crime No. 959 of 2021 under Sections 147, 323, 505, 506 I.P.C. Police Station-Civil Lines, District-Moradabad came to be registered against petitioner. On account of above, respondent-3, Inspector General of Police, P.A.C., Lucknow passed the order dated 17.2.2022 whereby promotion granted to the petitioner on the post of Head Constable has been cancelled.

7. Feeling aggrieved by above, petitioner has now approached this Court by means of present writ petition.

8. Learned counsel for petitioner submits that promotion granted to petitioner was substantive in nature and not ad-hoc or temporary, therefore, the said benefit could not be withdrawn without affording notice and opportunity of hearing to the petitioner. It is also contended that order impugned in present writ petition has serious civil consequences and therefore, respondent-3 was duty bound to afford notice and opportunity of hearing to the petitioner. The failure on the part of respondent-3 in not affording any notice or opportunity of hearing to the petitioner has caused serious prejudice to the petitioner inasmuch as petitioner has been deprived of an opportunity to plead his case before respondent-3 prior to the passing of impugned order. It is thus urged that since order impugned in present writ petition has been passed in complete violation of principles of natural justice, same is liable to be quashed by this Court.

9. Learned counsel for petitioner has then invited the attention of Court to the judgment of Apex Court in Avtar Singh v. Union of Inidia and others, (2016) 8 SCC 471, wherein Court has dealt with the