Summary
A municipal employee was reverted from Town Planner to Sectional Engineer without notice or hearing. The Supreme Court quashed the reversion for breach of natural justice and left the corporation free to proceed according to law. It declined to adjudicate the broader service merits and clarified that the High Court’s reasons would not bind any fresh proceedings. A prior unreasoned refusal of special leave did not foreclose review in the High Court.
Issues
- Whether the prior refusal of special leave barred High Court review.
- Whether reversion without hearing was lawful.
- Whether the substantive service issues required adjudication.
Held
- The earlier special leave petition had been declined without grant of leave or reasons affirming the High Court’s view; High Court review remained available. (¶ 15)
- Reversion causes substantive prejudice and requires an opportunity to be heard. The absence of notice and hearing independently invalidated this order. (¶¶ 16, 17)
- The corporation could pursue lawful remedies afresh. The High Court’s substantive reasons were not to bind the parties or determine their rights in that process. (¶ 17)
Result
Appeals allowed to the stated extent without costs. The reversion order of 28 August 2002 was quashed for breach of natural justice, with liberty for lawful further action. The Court specified initiation within two months of receipt of a certified copy and completion within four months of its order; substantive rights remained open.