AVTAR SINGH S/O THAKUR SINGH INSPECTOR, CO-OP SOCIETIES (FARMING), S BET(LUDHIANA) Vs. STATE OF PUNJAB THROUGH SECTY TO GOVT PUNJAB, DEPTT OF COOP AND ORS

JUDGEMENT

(1.) The petitioner who was in the service of the State Government as Sub-Inspector in the Co-operative Societies, opted in the year 1955-56 to be absorbed in the audit wing of that department on account of reorganisation of the general cadre. These options had been asked for through a general order. After his appointment as Sub-Inspector (Audit), vide order dated 1.10.1956, he was promoted as Inspector (Audit) vide order dated 28th September, 1962, Annexure P-4. Still later on 14.3.1964 the petitioner was posted as Inspector in the general wing vide order, Annexure P-7 and he joined that post on 28.3.1964. The claim of the petitioner is that he made repeated representations against this appointment in the general wing and ultimately vide communication dated 20th August, 1975, Annexure P-12, he was asked by the Registrar to say on affidavit that at the time of his appointment as Inspector in the General Wing, he had either not consented to the same or had not asked for the withdrawal of his option. The petitioner filed the requisite affidavit, copy of which is Annexure P-13 stating therein that he had never withdrawn his option for being absorbed in the audit wing of the department and had never consented to his being posted in the General Wing i.e. in the supervisory wing as Inspector of Co-operative Societies. Subsequent to that, he was informed vide communication, Annexure P-14 dated 24th September, 1975 that his representation had been considered and rejected. No reason whatsoever have been stated for the rejection of that representation. Even this is not made clear as to whether the option which the petitioner had given for being absorbed in the audit wing, was at any stage considered or any action taken on the basis of the same. It is therefore, not possible to sustain Annexure P-14 which, as already pointed out, discloses no reason for recording the rejection of his representation. In the light of that, I allow this petition and while setting aside, Annexure P-14, send the case back to the competent authority to reconsider the representation of the petitioner against his appointment as an Inspector in the general wing and to decide the same on merits in accordance with the rules. The competent authority would take final decision in this case within three months from the date of receipt of the copy of this order. The authority concerned would be free to hear any person, which according to it, is likely to be affected by the ultimate decision taken by that authority. I, however, pass no order as to costs.