STATE OF PUNJAB Vs. KHAZAN SINGH

JUDGEMENT

(1.) State of Punjab and others have preferred this Letters Patent Appeal against the judgment of the learned Single Judge dated 9.1.1990 vide which writ petition brought by Khazan Singh respondent was allowed and the order of his reversion dated 3.11.1986 to the Department of Information and Public Relations, Punjab passed by the State Transport Commissioner, Punjab, Chandigarh, Annexure P-17 was quashed and a direction was issued that the respondent would be permitted to continue as Motor Vehicles Inspector in the Transport Department itself.

(2.) The facts necessary for the disposal of this appeal may be briefly enumerated. Khazan Singh respondent was employed as Technical Advisor (Automobiles) in the Department of Information and Public Relations, Pb. and was a confirmed hand. He applied to the State Transport Commissioner, Punjab for appointment to the post of Motor Vehicles Inspector in the Punjab Transport Department. Vide order dated 26.4.1977, Annexure P-3, he was appointed by the State Transport Commissioner as a Motor Vehicles Inspector on temporary basis. This order of appointment was made under Rule 7(1)(o)(ii) of the Punjab State Transport Department (State Service Class III) Rules, 1963 (hereinafter referred to as the Rules). In the copy forwarded to the Director, Punjab Relations it was requested that Khazan Singh be relieved to enable him to join the Transport Department and lien be retained in the Public Relations Department. Since then the respondent has continued to hold the post of Motor Vehicles Inspector. Vide order dated 16.5.1984 passed by the Director, Information and Public Relations, Punjab, Annexure P-13 the lien of the respondent on the post of Technical Advisor (Automobiles) was suspended from the said Department and that the suspension was made at the request of the respondent. Vide order Annexure P-17 dated 3.11.86, the respondent was reverted to his parent Department with immediate effect and was ordered to be relieved of his duties. This order of reversion was challenged by Khazan Singh in CWP 3527 of 1988. It may also be mentioned here that on two previous occasions, his reversion to the parent Department had been ordered and these orders had subsequently been withdrawn.

(3.) The method of recruitment to the Transport Department is contained in Rule 7(1)(o) of the Rules and for recruitment as Motor Vehicles Inspector, the relevant clause is (o) which reads as under :-