NIRANJAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) By Government order dt. 28-8-1980 (Annexure-6) the petitioner, who was till then holding substantively the post of Director of Medical Education and Training in the scale of pay of Rs. 2000-2500/-, was transferred to the post of Inspector-General of Prisons which carried a lower scale of pay of Rs. 1600-2000/-. The validity of this order is impugned by the petitioner on the ground that it amounts to reduction in rank which is a major penalty under R. 131 (vi) of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 and that this reduction in rank was ordered without complying with the provisions of Art. 311 of the Constitution.

(2.) Petitioner's case is that he worked as the Professor of Radiology (Therapy) in the Cancer Wing of the S. C. B. Medical College, Cuttack from July. 1982 (sic) till Feb. 1979 when he was promoted to the post of Director of Medical Education and Training and he was working as such till 28-8-1980. On that date the State Government issued the order in Annexure-5 placing the services of the petitioner at the disposal of the Home Department for appointment as Inspector-General of Prisons and on the same date the Home Department issued the order in Annexure-6 appointing the petitioner as Inspector-General of Prisons, Orissa. Dr. B. Rajaguru O. P. No. 2 who was by previous arrangement present at Bhubaneswar assumed charge of the office of the Director of Medical Education and Training on the same date. The petitioner's contention is that the unusual haste in which he was removed from the post of Director of Medical Education and Training and the Way in which he was appointed to a non-clinical post cast a sitgma on his reputation as a cancer specialist. The post of Director of Medical Education and Training carries the pay scale of Rs. 2000-2500/- and the petitioner had been appointed to that post substantively on the recommendation of the Orissa Public Service Commission. The post of Inspector-General of Prisons is lower in rank and carries the scale of pay of Rs. 1600- 2000/-. The former post is a senior administrative post while the latter post is a junior administrative post outside the cadre. It is accordingly contended that the petitioner's transfer to the post of Inspector- General of Prisons amounts to reduction in rank and as such it is a major penalty as defined in Rule 13(vi) of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962. The penalty has been inflicted without following the procedure prescribed in R. 15 of the said Rules and therefore Art. 311 of the Constitution has been violated. It is further contended that in 1974 when the State Government created the post of Director of Cancer Institute, the petitioner applied for the post and the State Government constituted an Expert Committee to select a suitable candidate. The Expert Committee interviewed the petitioner and Dr. Madhusudan Khadanga (O. P. No. 3) and recommended the petitioner for appointment as Director of Cancer Institute; but the Government did not fill up the post. The petitioner made repeated representations to Government not only before his appointment as Director of Medical Education and Training in 1979 but also during the tenure of his service as such for appointment as Director of the Cancer Institute; but the Government turned a deaf ear to his representations. The petitioner prays for quashing the order of his transfer to the post of Inspector-General of Prisons and allowing him to continue in the post of Director of Medical Education and Training. He also prays for issuance of a writ of mandamus directing the State Government to appoint him as the Director of Cancer Institute.

(3.) The stand taken by the State Government is that the appointment of the petitioner as Inspector-General of Prisons is neither reduction in rank nor penal in nature and has been made on account of administrative exigencies. The alternative prayer of the petitioner for appointing him as the Director of Cancer Institute cannot be entertained since the post is in the rank of Principal of Medical College and the petitioner was holding a higher post of Director of Medical Education and Training and cannot be appointed against a lower post On the date of order posting the petitioner as Inspector-General of Prisons, he was not a cancer specialist; but was holding an administrative post of Director of Medical Education and Training. The allegation that Dr. Rajaguru O. P. No. 2 was by previous arrangement present at Bhubaneswar to assume charge of the office of the Director of Medical Education and Training has been denied. It is maintained that the post of Inspector-General of Prisons is in the rank of Director of Medical Education and Training and carries the same scale of pay. Neither the Director of Medical Education and Training nor the Inspector-General of Prisons has any opportunity of treating the patients. In this view of the matter, the petitioner's appointment to the post of Inspector- General of Prisons does not cast a stigma on his reputation. Dr. Rajaguru joined the post of Director of Medical Education and Training on 29-8-80 and not on 28-8-1980 as contended by the petitioner. Both the posts of the Director of Medical Education and Training and the Inspector-General of Prisons are in the senior administrative ranks and carry the same scale of pay and the State Government are justified in appointing any person to any post of equivalent status and responsibility in the exigencies of public service. Since the petitioner has not been reduced in rank and has been posted in an equivalent rank, neither Article 311 of the Constitution nor the provisions of R. 15 of the C. C. A. Rules are attracted to the present case. It is contended that there was general clamour in the country for upliftment of the conditions of the prisons and the Government felt the necessity of putting the control of the prisons with an able hand and with that end in view posted the petitioner as Inspector-General of Prisons with the hope that he could definitely control the administration of prisons and efficiently manage the prison administration.