Court Criticizes Lack of Opportunity for Hearing in Promotion Cancellation; Calls for Serious Review by State
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has stayed the reversion order of Sharvan Lal Khorwal, a petitioner who was initially promoted to the post of Lecturer but later reverted without being provided an opportunity for a hearing. The order, dated April 9, 2026, was delivered by Justice Ravi Chirania in response to a civil writ petition challenging the cancellation of the petitioner’s promotion by the State of Rajasthan.
The petitioner, represented by Advocate Mr. Yuvraj Samant, contended that he was promoted to the post of Lecturer after the Departmental Promotion Committee (DPC) in 2016-17 but was reverted to his previous post by an order on June 17, 2025. The reversion was carried out without granting him an opportunity to be heard, which the court found to be a prima facie procedural injustice. The transfer that led to the promotion was initially due to administrative exigency and did not arise from any request by the petitioner.
The court noted that the lack of a hearing before the cancellation of the promotion violated the principles of natural justice. The bench criticized the Rajasthan Civil Services Appellate Tribunal for failing to consider this crucial aspect while passing its order on August 8, 2025, which upheld the reversion.
Justice Chirania, while examining the affidavit submitted by the Registrar of the Tribunal, found the justification for the reversion unsatisfactory. The court emphasized that administrative transfers should not adversely affect an employee’s seniority or promotion unless a fair hearing is provided.
The High Court has directed the State to file a detailed reply to the writ petition, recognizing the case's serious nature. The order to stay the reversion will remain in effect during the pendency of the writ petition. The court has also summoned the Registrar of the Tribunal to appear in the next hearing scheduled for April 16, 2026, to further deliberate on the procedural lapses.
This ruling underscores the judiciary's commitment to uphold procedural fairness in administrative decisions, especially concerning employment and promotions, reinforcing the protection of employees' rights against arbitrary state actions.
Bottom line:-
Promotion and reversion - Opportunity of hearing is essential before cancelling the promotion - Transfer made due to administrative exigency cannot be used as a ground to adversely affect an employee's seniority.
Statutory provision(s): The judgment primarily hinges on principles of natural justice and procedural fairness, as well as service law provisions related to promotion and reversion.
Sharvan Lal Khorwal v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2928711
