9911796707
TMI Blog1962 (4) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... Gazette of June 5, 1949, and dates from May 31, 1945. According to the appellant, throughout his career as a public servant he had been very honest, hard-working and impartial and was extremely popular with all committee such as Hindus, Sikhs and Muslims. He also claims to have helped the public cause of all communities alike . Then, according to him, his popularity with the people was not appreciated by at least two of his superior officers, one of whom was Dewan X Hukan Chand, Sub-Divisional Magistrate, Fazilka and on account of that be had to face an enquiry on seven charges. The aforesaid enquiry was held by Mr. S. B. Kapur, Commissioner under the Public Servants (Inquiries) Act, 1850 (37 of 1850). He, however, exonerated the appellant pointing out that far from the gravamen of these charges, communal bias, being established witness after witness not only for the defence but also for the prosecution has deposed that while the respondent was at Fazilka he had a good reputation for honesty , As a result of this report the Government, however, stopped the increment of the appellant for one year without future effect. the ground of doing so was that he had allotted some evacue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under report that you were not free from communalism or intrigue. It has also been reported that you were in the habit of indulging in loose talk unnecessarily which created difficulties for you. Government hope this warning will assist in affecting an improvement. Upon his reversion the appellant asked to be furnished the grounds of his reversion. But by a letter dated June 18, 1952, the Government refused to furnish him the grounds. In that letter it was claimed on behalf of the Government that the appellant could be reverted according to Rule 14.10 of the Civil Services Rules (Punjab) Vol. 1, Part 1. His grievance, however, is that the provisions of Art. 311 (2) of the Constitution are violated. The appellant made a representation to the Government against his reversion on November 17, 1952. But it was rejected by the Government on March 2, 1953. He then preferred a memorial to the Government which was rejected on December 14, 1953. Thereafter be preferred a petition to the High Court of Punjab under Art. 226 of the Constitution. The petition went up before a single Judge of that Court. The learned Judge quashed the order of the Government upon the ground that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... among he accepted candidates whose names have been duly entered in accordance with the Punjab Civil service Rules in one or the other of the Registers if accepted candidates required to be maintained under these rules. Rule 22 of these Rules provides ,hat candidates on first appointment to the service hall remain on probation for a period, in the case of candidates appointed from Register A-I, or Registeres A- II of eighteen months. One of the three provisos to rule 22 enable the Governor to extend the period of probation of any candidate. There are two more important rules which have a bearing on this case and, therefore; it would be desirable to quote them. Rule 23 which is one of them runs thus: Any officer appointed to the Service may, during the period of his probation be removed from the service under the orders of the Governor of Punjab ; or if he was appointed from Register A-I or A-II may be prevented to his former appointment if in the opinion of the Governor of Punjab his work or conduct is unsatisfactory. Rule 24 which is the other rule runs thus On the completion of the period of probation prescribed by, or determined by, the Governor of Punjab under the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntment. Reading rr. 23 and 24 together it would appear that where a probation is not reverted by the Government before the termination of his period of probation he continues to be a probationer but requires the qualification for substantive permanent appointment. It has been held by this Court in Parshotam Lal 'Dhingra v. Union of India (1) that Art. 3 11 makes no distinction between permanent and temporary posts and extends its protection equally to all Government servants holding permanent or temporary posts or officiating in any of them. But the protection of Art. 311 can be available only where dismissal, removal or reduction in rank is sought to be inflicted by way of punishment and not otherwise. One of the tests laid down in that case for determining whether the termination of service was by way of punishment or otherwise is whether under the Service Rules, but for such termination, the servant has the right to hold the post. Reliance is placed upon r. 24 of the Punjab Civil Service Rules and it is said that since it qualifies a probationer for being absorbed in a substantive-permanent appointment it gives him a right and the reversion of such a person deprives him o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed a resolution on March 30,1951 expressing its appreciation for the work done by the appellant in fighting the locust invasion. In addition, the Commissioner wrote in his report for the year ending December, 1951 that the appellant stood first in the consolidation work in the Punjab State during his stay at Jullundur. An extract from the second progress of work in respect of villages taken up after April 1, 1952 is to the effect that as Revenue Assistant, Jullundur, the appellant stood first in the Division in connection with land revenue collection work and that he had also collected ₹ 25,000 for Red Cross which was an outstanding performance and for which he received the 'Government of Punjab commendation certificate . He also received the President of India's Sanad and Silver Medal for his excellent work in the Census of 1951. Shortly thereafter we find that the appellant was reverted. Though no reasons were stated at that time, on September 18, 1953, that is, a year and half after the reversion he received the warning from the Government, which we have already quoted. The only reasonable inference which can be drawn from all these facts is that the Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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