AMRIT LAL GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two CWP Nos. 4208 of 1988 and 3996 of 1987 filed by petitioner Shri Amrit Lal Garg, a member of the Punjab Civil Service (Executive Branch), challenging the impugned notice dated 8th May, 1987, requiring him to show cause as to why his name be not removed from Register 'B' pertaining to the accepted candidates for appointment to the Punjab Civil Service (Executive Branch) as also the consequential order dated 20th April, 1988, thereby reverting the petitioner to his parent department, that is, Director, Public Instruction (S) Punjab.

(2.) The petitioner, who has done post-graduation in Public Administration, was working as Subject Specialist in the office of Director, Public Instruction (Schools), Punjab. On 1st May, 1982, the Punjab Public Service Commission (hereinafter referred to as 'the Commission') issued an advertisement to 64 posts in the Punjab Civil Service (Executive Branch) and other allied services. The recruitment was to be made on the basis of competition to be held under the Punjab Civil Service (Executive Branch) (Class I) Rules, 1976. In response thereto, the petitioner applied and appeared in the competition held in March/April, 1984. On the basis of the written test and interview held, the Commission declared the result on 25th June, 1985, the name of the petitioner was included in the merit list of the selected candidates for the posts in the Punjab Civil Service (Executive Branch). The necessary recommendation was accordingly made by the Commission to the State Government.

(3.) On the basis of the recommendation made by the Commission, the petitioner was entered as an accepted candidate for appointment to the Punjab Civil Service (Executive Branch) in Register 'B' meant for the candidates becoming successful on the basis of open competition under the Punjab Civil Service (Executive Branch) (Class I) Rules, 1976. Thereafter on 11th April, 1986, the Government of Punjab, on the first appointment of the petitioner to the Punjab Civil Service (Executive Branch), posted him as Extra Assistant Commissioner (Under Training). On completion of his training, he was posted as Extra Assistant Commissioner in district Ropar on 22nd August, 1986. Six months later, on 4th February, 1987, by a statutory notification under Section 20(1) of the Code of Criminal Procedure, 1973, the petitioner was appointed as Executive Magistrate for exercising powers as such in the district of Ropar.