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In a recent case against the Union Territory, Chandigarh and others, the court favoured the petitioner ordering that the petitioner is entitled to seek information under the Right to Information Act, and the same would not hurt his integrity. The Department of Food & Supplies and Consumer Affairs wherein the petitioner is an employee had to face this situation because of his alleged link with the National President of Rashtriya Lok Kalyan Party, which has conducted many protests against the Department concerned. The Department promoted the petitioner to the post of the Assistant Food and Supplies Officer on 21.2.2012 mulling the considerations made by the Departmental Promotion Committee constituted by Chandigarh Administrative qua Class III employees of the Department of Food & Supplies and Consumer Affairs.
Post the end of his probation period the Department extended his probation period by six months on 19.02.2014. On being issued a show cause notice, the petitioner responded in detail; and thereafter, the Department put him in the position of Inspector, Food and Supplies Grade-I on 24.03.2014. The Court observed the punitive tone of the language employed in the Show Cause notice. If the Department felt positive about the existence of misconduct on the part of the petitioner, it could have initiated a regular inquiry against him. Therefore, putting the petitioner in the post of the inspector is baseless, and the same exhibits that the alleged misconduct is the basis for reversing the petitioner’s position in the Department.
The court was informed about the rejection of the petitioner’s appeal by the Central Administrative Tribunal. Even though the CAT referred to certain judgements in support of the move made by the Department concerned, no judgement was cited in the order. Therefore, the Hon’ble Bench of the High Court comprising Justice Rajiv Sharma and Justice Harinder Singh Sandhu set aside the reversion order of the Department and directed the Chandigarh administration to allow the petitioner discharge his duties as an Assistant Food and Supplies Officer with all consequential benefits as per order 21.12.2012.
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