APPAR APAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole point that arises for consideration in this appeal by special leave is whether the order, dated 26/04/1964, passed by the governor of Punjab reverting the appellant from the Punjab Education Service, Class I (Officiating Service) to the Punjab Education Service, Class II, with immediate effect, amounts to 'reduction in rank' attracting the applicability of Article 311 (2) of the Constitution.

(2.) The appellant when this order was passed was Principal, government College, Muktsar and on reversion he was posted as Deputy Inspector of Schools, Agriculture, Chandigarh. The learned Single Judge, who heard Civil Writ No. 1506 of 1964, filed by the appellant to quash the said order, held by his judgment, dated 9/09/1965, that the order amounts to 'reduction in rank' of the appellant and quashed the same. On appeal by the State of Punjab and two other officers, the division bench by its order, dated 21/07/1966, in Letters Patent Appeal No. 346 of 1965, set aside the order of the learned Single Judge and held that the impugned order of reversion was not passed by way of punishment and that on the other hand it was only reversion of the appellant from his officiating post to his substantive rank and that in consequence Article 311 (2) has no application.

(3.) The circumstances leading up to the passing of the impugned order may be stated : The appellant having obtained in 1943 a degree of the Punjab University in Agriculture, joined the Education Department of the Punjab State on 9/11/1944) as a teacher in agriculture. Later on he obtained degrees of B. ,t. , M. Ed. and M. A. He also got degree of basic education as a nominee of the Punjab government and he was further nominated by the State government in 1953, for higher studies in the United States. In August, 1954, he was selected as a Lecturer in Agriculture by the Subordinate Services Selection Board, Punjab and in 1955 he was selected for promotion to P. E. S. , Class II by the State Service Commission. In September, 1960, he was promoted top. E. S. , Class I, on an officiating basis and on 9/05/1963, he was appointed Principal of the government College, Muktsar.