R S SIAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a Full Bench decision of the Allahabad High Court whereby petition under Art. 226 of the Constitution of India filed by the appellant was dismissed.

(2.) The appellant was appointed Traffic Manager in the transport organisation of the State of Uttar Pradesh on 21-7-1948. The office of Traffic Manager was subsequently designated as Assistant General Manager and the appellant continued to work as such. On 1-12-1955 the appellant was confirmed as Assistant General Manager with effect from April 1, 1955. On July 5, 1963 the appellant was appointed Officiating General Manager in the Gorakhpur region of the Transport Department. The appellant continued to officiate as General Manager of Government Roadways still September 7, 1967 when he was reverted to the post of Assistant General Manager. The appellant filed writ petition No. 3167 of 1967 in the Allahabad High Court challenging the order of his reversion but the same was summarily dismissed by a Division Bench of that Court as per order dated September 12, 1967. Representation was made by the appellant against the order of his reversion but the representation too was rejected by the State Government as per letter dated October 7, 1968. The writ petition which has given rise to this appeal was thereafter filed by the petitioner praying for quashing the order by which he had bee reverted from the post of Officiating General Manager to that of Assistant General Manager as well as the orders whereby his representation had been rejected.

(3.) A number of grounds were set out in the petition for assailing the impugned orders, but at the hearing of the appeal only one ground has been pressed and it is only that ground with which we are concerned. According to the appellant, the order of his reversion was by way of punishment and as it had been made without complying with the requirements of Article 311 of the Constitution, the same was liable to be quashed.