HONOURABLE HIGH COURTS OF PUNJAB AND HARYANA HAS MADE CLEAR THAT EMPLOYEE CAN'T BE DEMOTED WITHOUT CHANCE TO BE HEARD.

EMPLOYEE CAN'T BE DEMOTED WITHOUT CHANCE TO BE HEARD :-- In a landmark decision issued by justice HS Madaan of the Punjab and Haryana High court has observed ,Even if an employee of the state (Haryana) government has been wrongly promoted ,the person can not be demoted without giving him an opportunity of being heard. The Rules of the natural justice and procedural Rules can't be given go by in such a light and casual manner . Merely by saying that petitioner had managed to get an order with regard to his promotion does not shield the respondents from explaining as to why allegedly wrong promotion was granted to the petitioner . The officers and the other authorities were not expected to be ignorant, naive and novice so as to pass an order granting promotion to the petitioner without due Application of the mind ,the High court has ordered ,and made it clear that the respondents would be at liberty to serve a show cause notice upon the petitioner as to why he should not be reverted to the post before promotion, get his response and then proceed to pass appropriate order in accordance with law .

STATE GOVERNMENT IS RESPONSIBLE TO FOLLOW LAW CODE MANUAL OF RTI ACT ADJUDICATION AND RTS EMPOWERED TO THE PEOPLE OF COUNTRY AND ARRANGE FOR THE FORA FOR REMEDIES .

The Appeal filed under law code manual of RTI act adjudication by applicant aggrieved from the decision of the Registrar cum FAA Office of the SIC Shimla Himachal Pradesh memo dated 21-10-2020 had filed an appeal before the SIC for which the decision has been issued vide number SIC-l(A) 0285/2020-21-1632 dated 23-9-21 however it is regretted for the complete information as per order dated 16-9-2021 even though the annual report of the work and conduct of every department and Public authorities must have appropriate intimation to the government as related to the provision made and created for the good governance and accountability under law code manual prefixed by the government and too by the constitution of India working for the welfare of society and circle .On the second issue of the appointment of one number post plying vacant in the Commission since July 2020 required for the good governance and charter of public accountability to work at the place of SIC number of representations have been made before the appropriate government to do the needful as per memo number UO Secy / CM -312229 dated 3-8-21 and further action in the matter vide Number Per(Ap-B) B (15) -38/2020 dated 4-9-21 with copy to the Applicant and addressed to the Secretary (AR) however issue and matter still pending with the government and it is further mentioned in the case file referred to the Honorable Chief Minister that the orders of the Honourable Supreme court of India have too been issued to fill the vacant posts of the Tribunals and commissions but nothing concrete has been done at the level of the GOI and too by the state government of Himachal Pradesh even personal arguments before the Special Secretary to the CM and the SPS to the respective Chief Secretary of the government is proof and evidence on the record of all concerned .The matter has too been brought to the kind notice of the Registrar SIC to take issue and matter with the appropriate government as the Commission of the state government has been declared responsible to work on the captioned subject matter deliberation required to be verified by the study of protocol mentioned in the RTI act publications and too by the Public service guarantee act 2011 for which the vacant post must be filled at the early possible in the interest of justice for Common man demanding free and fair justice from the system of governance however the issue and matter still pending with the government even this much cross and pass of the vacancy for fora for remedies declared useful for the Common man demanding transpancy and accountability in the administration as facing corruption in the system of governance

SERVICE OF NOTICE BY THE COMMISSION AND ORDER OF THE COMMISSION AND PRESENCE

PROCEDURE FOR DECIDING APPEALS:-- The Commission while deciding the appeal may receive oral or written evidence on oath or an affidavit from concerned .Peruse or inspect documents, public records or copies thereof Enquired through authorised Officer further details or facts .Hear PIO , FAA or such person against whose action the appeal is preferred .Hear third party and to receive evidence on affidavit from the PIO ,FAA and such other person against whom the appeal lies or the third party The public authorities may authorise any representative of any of its officers to present it's case.The Commission may issue the notice by name, which shall be served in any of the following modes , namely:-- Service by the party itself, by hand delivery , through process server, by registered post with acknowledgement due , by electronic mail in case electronic address is available . ORDER OF THE COMMISSION :-- The order of the commission shall be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorised by the commission for this purpose.

ULTIMATELY THE SYSTEM FOR SERVICE RENDERED BY CONSTITUTION OF INDIA IS RESPONSIBLE TO PROVIDE JUSTICE TO THE PEOPLE OF COUNTRY

Question is this to be verified by the study of protocol mentioned in the RTI act publications 2005 that who is responsible to protect the fundamental rights of the Citizens demanding free and fair justice from the system of governance,whether the public authorities are responsible to deliver good governance and charter of public accountability or the political parties are responsible to deliver the right of empowerment issued by the constitution of India to the citizens . Ultimately the issue and matter related to the system of good governance and charter of public accountability has to be maintained by the democratic set up of India for which the role of the  honourable Supreme court of India is also required to be involved by the people of country if felt necessary under law code manual of the provision and protection for which the National compaign committee working for the welfare of society and circle has decided to continue with the courts proceedings as demanding online facilitation from the system of governance to benefit the citizens for which the Organisation working for the welfare of society and circle has obtain order from the High court on 20-3-2020 is proof and evidence on the record.From the above mentioned position of clarity it is necessary to follow procedure prescribed for the agenda of obtaining order and decision with regard to approach through the legal remedies instead of the Administrative reforms required to be maintained by the public authorities as such the public authorities are too facing the political pressure of the ruling parties in every field of the work and conduct even clear vision of the orders for compliance and Complaints before the FAA and SIC or CIC as well as the Administrative Departments could not be ignored and deleted for the good governance and charter of public accountability is required to be maintained by the system of governance