BABURAO LAXMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 6th July, 1955 the petitioner joined the police force. On 1st September, 1960 he was promoted to the post of Head constable. On 12th September, 1979 he was promoted to the post of PSI. 7- years later, by an order dated 12th March, 1987, he was reverted to the post of Head Constable with immediate effect. The petitioners representation dated 9th June, 1987 evoked no response. Hence the present petition for setting aside the reversion order 12th March, 1987.

(2.) There is considerable force in the petitioners grievance that the principles of natural justice have been violated inasmuch as the impugned reversion order was passed without giving him a hearing and without any reason being stated in the order for the reversion.

(3.) No affidavit-in-reply has been filed. However, the respondents learned Counsel Mr. Patil assails an explanation, such as it is, across the Bar that the petitioners reversion was by reason of the fact that he had been promoted to the post of PSI merely in an officiating capacity which post he occupied for seven and a half years. To start with, there is nothing on record to lend verisimilitude to this ipse dixit assailed across the Bar. Further, if what Mr. Patil says is correct, then pray, why was it necessary to pass an order of reversion, much less is it even faintly suggested in the reversion order that the petitioner was merely officiating as PSI.