RAM NARAIN YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) The appellant was holding the post of Secretary to the Speaker in the rank of Under Secretary. On the 15th of January, 1991 he was promoted as the Deputy Secretary to the Legislative Assembly and put on probation for a period of one year. On the 8th of November, 1991, the Speaker passed an order under Rule 10(2)(b)(i) of the Haryana Vidhan Sabha Secretariat Service Rules, 1981 reverting him as an Under Secretary. This order was challenged before the High Court on the ground of mala fides. By the impugned judgment, the High Court has dismissed the application.

(3.) Mr. P. P. Rao, the learned counsel for the appellant has contended that since there was no warning given to the appellant earlier about the allegedly poor quality of his work and as the order of termination of his services came all of a sudden, the same is illegal in view of the observations made in paragraph 4 of the judgment in Dr. Mrs. Sumati P. Shere v. Union of India, (1989) 3 SCC 311 : (AIR 1989 SC 1431). It is also contended that a perusal of the order of reversion of the appellant indicates that till further orders were later passed he was to continue to perform the same work which he was doing earlier. If that was the position, the argument is, it was not a proper exercise of the authority under Rule 10 in terminating the period of promotion prematurely and reverting the appellant to Under Secretary rank. Lastly, it has been stated that in any event the appellant is entitled to his salary on the scale as admissible to a Deputy Secretary on the ground that he was discharging the same functions.