N S DASS BAHL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Second Appeal is directed against the concurrent findings, given by the impugned judgment dated February 16, 1981, of the learned Additional District Judge, thereby, affirming the judgment and decree dated October 27,1979 of the trial Court, by which, the appellant's suit for declaration was dismissed.

(2.) The suit, out of which this appeal has arisen, was for declaration, to the effect, that the order dated January 20, 1961, of reversion of the appellant, from the post of Assistant Settlement Officer/Managing Officer, in the office of the Settlement Commissioner (Admn.), and Ex. Office Deputy Secretary to the Government of India, In the office of the Chief Settlement Commissioner, Ministry of Rehabilitation, Government of India, New Delhi, was in fact, his removal and/or in the alternative, reduction in rank, from service, under the Government of India, in the Ministry of Rehabilitation, and, as such, was illegal, arbitrary, ultravires, unconstitutional, discriminatory, malafide, inoperative and void ab initii and liable to be set aside, being against the principles of natural justice, and being a penalty, and that the appellant, still continued to hold the post of the Assistant Settlement Officer/Managing Officer, undert he Ministry of Rehabilitation and was entitled to all the benefits, privileges and rights etc. attached to the post, including pay and allowances etc ; and that the 'Censure order' dated December 6,1961, and conveyed through the Punjab Government, was malafide, illegal, ultra-vires, arbitrary and against the principles of natural justice, being in violation of the provisions of the Constitution, and being a second penalty, for the same cause, and, in consequence more or less similar adverse entry, recorded by the then Chief Settlement Commissioner in the character roll of the appellant for the year ending 1960, pre-mature, prejudiced, biased and frivolous.

(3.) Briefly stated, the case, as put up by the appellant (plaintiff) was that he was appointed, as Temporary Sub-Inspector, Rehabilitation Department, Punjab Government w.e.f. September 27, 1951. He was selected, as a temporary Inspector-cum-Assistant Collector II Grade, by Punjab Public Service Commission, and joined in that capacity, on February 13, 1952. It was a non-gazetted post. That the post of Assistant Settlement Officer, which was Central Service Class II Gazetted, was advertised on September 13, 1956, by Union Public Service Commission, in the scale of Rs. 275-25-3-revised to Rs. 350-25-575, vide advertisement Exhibit P.I. For that post, probation was for six months. The appellant, after interview, was selected for the above post, by the Union Public Service Commission and, joined as Managing Officer/Assistant Settlement Officer, under the Ministry of Rehabilitation, Government of India. That this post was independent one, and was not in direct line of promotion, from the post of Sub-Inspector/Inspector, under the Punjab Government. The probation period of six months was completed successfully, by the appellant.