SEBASTIAN Vs. STATE

JUDGEMENT

(1.) "Sri. T. K. Sebastian, permanent P. D. Teacher, and officiating Typist-Clerk, Cochin Magistrate's Court, on privilege leave, will be relieved forthwith, since Government have, in the G. P. L. Dis. 812/52/c. S. dated 22. 1. 53 ordered his reversion to his permanent place in the Education department.

(2.) THE officiating arrangements consequent on the grant of leave to Sri Sebastian will continue. Sd/- For Dt. Magistrate, Trichur. 21. 1. 1953. C. 875/52 Copy communicated to Clerk T. K. Sebastian on leave. He is informed that he is relieved from this office with effect from the forenoon of 29. 1. 53 to join duty in his permanent place in the Education Department". On that date he was officiating as a Typist-Clerk in the second Class Magistrate's Court, Cochin, on the grade of 30-60 and was drawing rs. 50/- per mensem in that grade. THEre is no contention on behalf of the state that the officiating post has been abolished and that the petitioner because of the shortness of his service was chosen for the reversion. 2. THE question for determination in this petition is whether the reversion is a reduction in rank within the meaning of Art. 311 (2)of the Constitution which stipulates (subject to three provisos which are not material): "no such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him".

(3.) WHILE he was working in the Sub-Magistrate's Court, trichur, the Sub-Magistrate, Trichur reported on 10. 7. 51 that he had left arrears and that he was not a willing hand. I have also found him to be indifferent in his work. WHILE I was the 1st Class Magistrate, Trichur I had occasion to note that he often feigned illness when there was pressure of work to be attended to and to enter on leave. On one occasion, in his application for extension of leave (casual leave) for two days on 18. 8. 50, he had been definitely informed that he would not be granted further extension of leave. In spite of this, he applied for 3 days' casual leave more from 21. 8. 50 on grounds of ill health. He was sent for as there were heavy arrears in his section. He appeared in the evening of 21. 8. 50 and leave for that day alone was granted, as he was found quite fit.