HARMESH CHANDER S/O BHAGAT RAM Vs. STATE OF PUNJAB, THROUGH FINANCIAL COMMISSIONER, REVENUE CUM SECRETARY TO GOVERNMENT; DEPUTY COMMISSIONER AND MOHAN SINGH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India challenges order dated 1.7.1985/27.6.1985 Annexure P-1 passed by respondent No.2 reverting the petitioner from the post of Kanungo to that of Patwari.

(2.) Brief facts of the case which have led to the challenge of order dated 1.7.1985 by the petitioner are that the petitioner was holder of a substantive post of Patwari. He was promoted against the leave vacancy on the post of Kanungo in the month of March, 1983 and he continued working there till 22.6.1983. In April, 1984 a vacancy in the cadre of Kanungo fell vacant and the petitioner was promoted by respondent No.2 on a long time permanent basis as Kanungo. Accordingly, he joined as such on 1.5.1984. According to the averments made by the petitioner there are 43 posts of Kanungo and 3 posts were lying vacant as two persons were placed under suspension. and one Dalip Singh. Kanungo was further promoted as Naib Tehsildar. It is claimed that out of 40 posts of Kanungo. 9 posts have been filled up out of the members belonging to Scheduled Castes/Tribes. There is reservation of the extent of 20% for the members of Scheduled Castes and 2% for the members of Scheduled Tribes. Accordingly, it is asserted that 9 posts out of 40 posts manned by the members of Scheduled Castes/Tribes category adequately represents the percentage reserved for them. However, on the representation made by respondent No. 3 Mohan Singh against the promotion of the petitioner claiming that the post on which the petitioner was promoted belonged to reserved category. The petitioner was reverted vide order dated 1.7.1985 and respondent No. 3 Mohan Singh was promoted.

(3.) The stand taken by the respondents in the written statement is that 9 posts were reserved for the members of Scheduled Castes, one post is meant for the members of Backward Classes. It has further been submitted that promotion of the petitioner was ordered on the basis of misleading note submitted by the Sadar Kanungo but factually this post belonged to reserved category of Scheduled Caste. It has also been stated that suitable action has been taken against the defaulters. It was in these circumstances that the representation made by respondent No. 3 Mohan Singh was accepted and reversion of the petitioner was effected by the impugned order.