R P YADAV Vs. DIST SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner, Shri R.P.Yadav, in this petition under Article 226 of the Constitution of India, has challenged the order dated 25.5.1988 by which the petitioner is reverted to the post of Police Sub Inspector from Police Inspector. It may be stated that the petitioner was promoted to the post of Police Inspector on 27.5.1988. Thus, the order of promotion dated 27.5.1988 is cancelled within two days and the petitioner is reverted. The petitioner has challenged the said order at Annexure.A as violative of Articles 14 and 16 of the Constitution of India as it is highly unjust, unreasonable and discriminatory.

(2.) It is averred in the petition that the order of promotion is sought to be cancelled on the ground that an inquiry by the Anti Corruption Bureau is pending against the petitioner; that without giving any opportunity of explaining the case, the order of reversion is passed; that the same amounts to penal action by the respondents; and therefore, the impugned order is violative of the principles of natural justice.

(3.) It may be stated that the petitioner has also filed another petition being Special Civil Application No. 4360 of 1988 wherein he has challenged the order of suspension dated 30th May 1988 with regard to an incident which took place on 17.12.1983 in which the petitioner accepted illegal gratification from the accused of a gambling case. The said order was challenged on the ground that the respondents could not have passed the order after a lapse of more than five years especially when in between the period, nothing adverse has been noticed against the petitioner.