GANESH BALKRISHNA DESHMUKH Vs. STATE OF MADHYA BHARAT

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. The Petitioner Ganesh Balkrishna Deshmukh, aged 50, was working as a Naib Amin in the Holkar State on 15 -4 -1943 and his salary and emoluments were Rs. 125 per month. On 1 -7 -1948, he took over the charge as Amin i.e. as Tehsildar.

(2.) IN the return filed by the Under -Secretary to the Government, Revenue Department, Madhya Bharat it was mentioned that the enquiry was justified and it was stated that there cannot be any ground for seeking a writ from this Court as compliance with departmental rules is not justiciable matter and is purely administrative.

(3.) HAVING come to the conclusion that the order of reversion in this case was made as a measure of penalty and not on administrative grounds, in our opinion, the mandatory provisions of Article 311(2) should have been complied with before the Petitioner could be reverted to his substantive post.