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TMI Blog1978 (10) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... e of ₹ 625-1275. He applied for the post, and was appointed as Landscape Architect on a temporary basis by an order dated May 24, 1952. He returned after graduating M.Sc. (Cornell) and becoming an Associate of the Institute of Landscape Architects, England, in 1953. The Punjab Government issued an order fixing his pay at ₹ 825/-. The Government of India requested the Punjab Government by a telegram dated May 30, 1953, for a short extension in the time allowed to Bahl to join as Landscape Architect, Chandigarh. He was relieved by the Government of India on June 27, 1953, and reported for duty at Chandigarh on June 30, 1953. He was however not allowed to join as the Chief Engineer took the stand that he was not in possession of the order of his appointment. The State Government in fact appears to have taken the view that as Bahl had failed to join the Capital Project by June 1, 1953, the post had been filled by another candidate and the offer of appointment to him stood cancelled on May 30, 1953. The Punjab Government appointed Harinder Singh Dhinsa as Landscape Architect by its order dated July 16, 1953. Even though the Government of India sent a letter on August 8, 1953 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g large liability . He endorsed a copy of that letter to the Superintending Engineer, Capital Project Circle, for requesting the Financial Adviser to ask an Assistant Accounts Officer to check the statement of unsanctioned work for the month of November, 1954. He himself addressed a letter to the Superintendent, Checking Party, Office of the Chief Accounts Officer, Capital Project, pointing out the irregularities. Check was therefore taken up, and an interim report was sent on March 23, 1955. It was stated in the report that an expenditure of ₹ 3,49,000/- was unauthorised as none of the estimated amount had been technically sanctioned or administratively approved. The Finance Secretary also took up the matter on April 19, 1955, and asked the Chief Engineer to investigate into the serious irregularities and to tighten up the procedure in order to stop the leakage or waste of public money. Another letter was issued on April 19, 1955, by way of reminder, which contained a suggestion for vesting the Landscape Architect with powers of Sub-divisional Officer in his field of work. The Finance Secretary also addressed a letter dated September 7, 1955, suggesting the delegation of so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made about Bahl's work, and he made a representation to the Chief Minister for expunging them on November 5, 1957. He specifically stated there that he had already submitted his application for appointment under the Government of India, and the Union Public Service Commission was likely to have his personal file in that connection. For that reason he asked for early action to expunge the remarks. The Minister concerned recorded a minute on February 11, 1958, saying that he had carefully considered the representation of Bahl and pointing out that the previous two Ministers had given him good reports. He therefore recommended to the Chief Minister that the adverse entries made against Bahl should be expunged and he should be confirmed on completion of his period of probation. The Chief Minister recorded his minute dated February 13, 1958, agreeing with the Minister but suggested that he may arrange to assign the requisite staff to the Landscape Architect so that his services may be fully utilised in the preparation and execution of landscape plans. Orders were issued on April 3, 1958, expunging the adverse remarks against Bahl for the period April 1, 1955 to November 20, 1956, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition and it was dismissed on July 29, 1974. It was restored by this Court's order dated September 30, 1974, and a notice was issued to the respondent to show cause why the review petition should not be granted. The matter was then taken up on October 27, 1975, when the Court allowed the review petition and directed that appeal to be listed for hearing. It is in these circumstances that this appeal has come up for hearing once again. 10. The arguments which have been advanced by the appellant relate to mala fides, and it will be desirable to refer to the allegation in that respect in the writ petition. He has alleged that by his good and honest work he had incurred the displeasure of his senior officers who from the very beginning were averse to his being brought over as Landscape Architect. He has further alleged that his senior officers were not happy with him and the order for the abolition of the post of Landscape Architect was passed and he was reverted to his parent department mala fide, the result of inordinate hostility of the High Officers of the respondent who had not taken kindly to the petitioner, and who did not like that the petitioner should hold the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e further fact that the Government displaced H.S. Dhinse and asked the Public Service Commission soon after, on April 22, 1954, to recruit a suitable officer for the post. Nothing could therefore possibly turn on the appellant's discomfiture in missing the first appointment for, as has been shown, he himself was to blame for it. 12. It has next been argued that after the appellant was selected for appointment as Landscape Architect by the Public Service Commission and took charge on November 6, 1954, the post was abolished prematurely, out of malice, simply because the authorities concerned wanted to terminate his services somehow. The appellant tried to contend that the post of Landscape Architect was meant to continue even after November, 1958 because of the provision in the budget estimates for the year 1958-59. The contention is futile because the appellant has himself admitted in paragraph 13 of the writ petition that the post was extended upto February 28, 1958 and the end of March, 1958 and after that the post was extended monthly. It has further been stated that the extension continued upto November 4, 1958. There is therefore no force in the argument that the post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final order was passed by the Minister concerned and the Chief Minister. It has also to be remembered that this was not really a case of abolition of the post of Landscape Architect for, as has been stated, it was sanctioned upto November 4, 1958, and was allowed to lapse thereafter. 15. The appellant has tried to argue that his discontinuance on the post of Landscape Architect was due to personal reasons because the Chief Engineer and the Superintending Engineer were displeased with him for pointing out certain irregularities in incurring expenditure even though it was his duty to do so for he might otherwise have been held responsible for them. We have made a reference to the developments that took place in this connection when the appellant sent a letter on December 17, 1954, reporting that certain references were untraceable and liabilities had been incurred under verbal orders or without authority involving considerable amounts and expressing his inability to submit the statements without examining the matter. But that could not have created any hostility against him because a recommendation was all the same made for his confirmation by the Secretary concerned as mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chairmanship of the Minister, and there is nothing on the record to show that there was bad faith on the part of the members of the Committee including M.S. Randhawa in arriving at a decision on October 16, 1958, that the post shall be abolished. Saroop Krishna was the Secretary concerned, and the appellant has not found it possible to urge anything against him. He has also not found any fault with the Minister under whose chairmanship the Committee met and took the decision which proved the appellant's undoing. We are therefore unable to think that the decision was brought about by bad faith. 17. The appellant has argued further that the order abolishing the post of Landscape Architect was illegal as it denied him the benefit of three months' notice for termination of his appointment in terms of paragraph 5 of the notification which was issued by the Public Service Commission inviting applications for the post. Reference in this connection has been made to a Secretariat note dated September 5, 1957. There is no force in this argument because no such term was specified in the letter of temporary appointment dated October 21, 1954. Moreover it was specified in the notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been retained on the post of S.D.O. (Horticulture). Here again, the argument loses sight of the fact that the order which the Chief Minister had made was that the appellant should be reverted to his parent department, and if the appellant had cared to join there, it would have been open to him to make a representation for his appointment on a proper post with due regard to his seniority and service record. If he did not do so, and stayed away from his parent department, if is not open to him to argue that he was not given a proper post there. While doing so the appellant could lay a claim to the post of S.D.O. (Horticulture) if it belonged to his parent department, and if that was not so, there could be no justification for his asking for appointment to that post. 21. Considerable reliance has been placed by the appellant on the Chief Minister's minute dated February 1, 1958, on the Minister's recommendation dated February 11, 1958. The Minister stated in his minute that he considered that the adverse entries made against him (Bahl) should be expunged and he should be confirmed on the completion of his probation. That led to the following order of the Chief Minister d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has invited our attention to some developments which took place after he demitted office on November 4, 1958. He has pointed out that the Government reversed the earlier order expunging the adverse entries by the subsequent order dated December 18, 1958, and it has been argued that this was enough to prove bad faith. Our attention has in this connection been invited to the Deputy Secretary's note dated August 28, 1959, that there was no cause for reversing the earlier order. The respondents have pointed out that the Government re-examined the matter and reversed the earlier decision because of subsequent developments. But even if it were assumed that there was no justification for restoring the remarks which had once been expunged, that could not establish bad faith in issuing the order for the appellant's reversion as it had been passed much earlier. 23. It appears that the appellant made a representation to the Governor of Punjab on April 22, 1959, and he has reproduced the Governor's minute dated July 17, 1959 thereon in his petition of appeal to this Court. We have gone through the minute and it shows that the Governor has expressed himself strongly in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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