SHER SINGH Vs. PUNJAB MANDI BOARD

JUDGEMENT

(1.) In these two writ petitions, the following question of law arises for consideration:-

(2.) The brief facts are these : The petitioner in Civil Writ Petition No. 962 of 1992 was a Head Draftsman. By order dated Feb. 2, 1990, he was promoted as Assistant Engineer on probation. The probationary period fixed under the rules was two years. The petitioner in Civil Writ Petition No. 1213 of 1992 was holding the substantive post of Pump Operator. He was appointed on ad hoc basis to the higher post of the Junior Engineer by order dated Aug. 20, 1990. Orders were passed reverting both the them, to their respective substantive posts. Order, Annexure P.2 dated Sept. 26, 1991 in Civil Writ Petition No. 962 of 1992 reads :

(3.) Questioning the legality of the said order, the petitioners presented Civil Writ Petition No. 15283 of 1991 and Civil Writ Petition No. 15261 of 1991. As ex facie the orders impugned in those petitions indicated that reversion was in the nature of penalty for misconduct, a Division Bench of his Court quashed the order. Thereafter, the orders impugned in these writ petitions have been passed by the respondent. The order passed which is impugned in Civil Writ Petition No. 962 of 1992, in Annexure P.4 dated Jan. 16, 1992. It reads :