STATE OF PUNJAB Vs. APPAR APAR SINGH

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent and is directed against the order of a learned Single Judge of this Court allowing the petition of one. Shri Apparapar Singh, under Article 226 of the Constitution of India challenging his reversion from the officiating rank of Class I in the Punjab Education Service to his substantive rank in the same service in Class II.

(2.) THE relevant facts are few and simple. Shri Apparapar Singh (hereinafter referred to as the respondent) was Principal of the Government College, Mukatsar district Ferozepur, when the impugned order was passed. This position he came to occupy by reason of his promotion from Class II to Class I in September, 1960. His promotion to Class I was on officiating basis. He was appointed Principal on the 9th of May. 1963. He held this position till the impugned order was passed op 28th of April, 1964 reverting him from P. E. S. Class I to P. E. S. Class II. On his reversion, he was posted as Deputy Inspector of Schools of Agriculture, Chandigarh.

(3.) IT will be proper at this stage to briefly set out the events that took place at Mukatsar leading to the respondent's reversion. It appears that the respondent had some trouble with the members of the staff. Some reports had gone to the superiors and they asked him to act tactfully. The complaints still persisted. The superior officers called him to Chandigarh and he was told about them. His demand to know the names of the complainants and also to go through the complaints was rejected; but he was told the gist of the same. This course seems to have been taken to avoid any victimization of the complainants by the respondent. He was advised to proceed on leave which he declined. He was of the view that he could control the situation and asked for the transfer of two lecturers. It seems, the things were not proceeding satisfactorily between him and the department. He came to Chandigarh and asked the Director to visit the institution himself. Consequently, the Director of Public Instruction (Shri J. D. Sharma) timed his visit with the annual prize distribution of the college over which he presided. At that function, as usual, the Principal read his annual report. In that report, certain aspersions were cast against his staff. One of the members of the staff, namely. Shri S. C. Kapur interrupted the Principal's speech and remarked: