DAYARAM SHEORAM AMBEKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order will govern Appeals Nos. 9 and 10/XIV -2 /57.

(2.) THE Appellants in both the cases were officiating Revenue Inspectors since 1953. As a result of the Collector's posting order dated 28 -11 -1966 they were reverted to their substantive rank of Patwari. The order of the learned Collector was challenged in two separate appeals before the Commissioner, Jabalpur Division, who dismissed them on the ground that reversion, in the instant cases, was not by way of punishment and, therefore, no appeal was tenable before him.

(3.) IT is not disputed that the cause of Appellants' reversion was the posting order of the Collector dated 28 -11 -56 and the appeal before the Commissioner was also directed against the same. The point for consideration is whether we can go beyond the order of the Collector in this appeal. The Collector issued the posting order to provide for the nominees of the Director, Land Records, which, it is conceded, he was bound to do. Under the rules on the subject a vacancy lasting for more than six months has to be filled in by a person nominated from the State List by the Director, Land Records, although formal appointment is to be made by the Collector of the district. Obviously, therefore, the reversion of the appellants, who were holding the rank of Revenue Inspector only in an officiating capacity, was in the course of normal administrative arrangement and cannot, as the learned Commissioner has observed, be treated as punishment.