SAILENDRA KUMAR PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) SHORN of all details, the petitioner's case, in short, is that he was a Kanungo in the Settlement Department. By a notification dated 24th November, 1965, (Annexure B), he was temporarily promoted as Assistant Settlement Officer. In the notification it was clearly stated that the appointment was purely temporary and terminable at any time without assigning any reasons. By another notification dated 28th December 1967, (Annexure D) he was reverted to the post of Kanungo, while some of his juniors were allowed to continue as Assistant Settlement officers.

(2.) MR. Mohanty, on behalf of the petitioner contends that the reversion amounts to a punishment and as it was done without observing the principles of natural justice, the order of reversion is liable to be quashed. In the counter-affidavit filed on behalf of the State of Orissa, it has been averred that while the petitioner was officiating in the post of Assistant Settlement Officer a review of his work was made by a Board and his work was found to be not satisfactory and he was considered to be unsuitable to continue in the higher officiating post.