JASBIR SINGH BEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Jasbir Singh who held the post of a Vigilance Inspector in the Railways was reverted from the said post on 2-2-1965. He first challenged his reversion by Writ Petition No. 255-D of 1965 on two grounds, namely :-

(2.) In the appeal by special leave, unlike the High Court, the Supreme Court was obviously not prepared to decide the case after leaving the question of the permanency of the appointment of Jasbir Singh as a Vigilance Inspector open. Their Lordships did not make any assumption that Jasbir Singh was not permanently appointed. On the contrary, their Lordships were of the view that once the question of permanency was held to be unsuitable for decision in a writ petition without evidence, the rule laid down in Union of India v. T. R. Verma, (1958) SCR 499(1) applied and the Supreme Court could, therefore, have refused to decide the case leaving Jasbir Singh to file a suit if he wanted to get a decision. His learned conusel Shri Gokhale, however, conceded that Jasbir Singh was appointed in a temporary capacity and even on that basis, the order of reversion was contrary to Article 311(2). In view of this concession (but not on any assumption) the Supreme Court proceeded to decide the case and dismissed the appeal. Jasbir Singh has again challenged the same order of reversion by way of a suit on two grounds, namely :-

(3.) Ground No. 1 : The rule laid down by the Supreme Court in Union of India v. T. R. Varma, (1958 SCR 499 at 503-504(1) is as follows :-