STATE OF PUNJAB Vs. S SUKHBANS SINGH

JUDGEMENT

(1.) THIS appeal raises the question whether it was within the competence of the state Government to order the reversion of the petitioner to his substantive rank of Tahsildar upon charges which he has had no opportunity to hear or defend.

(2.) THE petitioner in this case is one S. Sukhbans Singh who is holding the rank of a Tahsildar in a substantive permanent capacity. He was appointed to the provincial Civil Service on the 3lst May 1945 and was reverted to the post of tahsildar on the 20th May 1952. He presented a petition under Article 226 of the constitution in which he complained that his attempted reduction to the post of tehsildar wag unlawful as it was effectuated without notice or hearing. The learned Single Judge before whom the petition came up [or consideration granted a direction that the State should forbear from putting into execution the order complained of without complying with the provisions of Article 311 of the constitution. The Stats is dissatisfied with the order of the Learned Single Judge and has preferred an appeal under clause 10 of the Letters Patent.

(3.) THE petitioner was promoted to the Provincial Civil Service under the provisions 6f the Punjab Civil Service (Executive Branch) Rules 1930. These rules empower the Governor of the Punjab to appoint members of the service from time to time as required from among accepted candidates whose names have been duly entere in one or other of the registers of accepted candidates to be maintained under these rules (Rule 5 ). All such appointments are in the first instance either officiating, or substantive provisional (Rule 17 ). Candidates appointed from Register A-I or Register A-II are to remain on probation for a period of 18 months, but the Governor is at liberty, if he thinks fit, to extend the period of probation of any candidate (Rule 22 ). On completion of the period of probation prescribed or extended a member of the service becomes qualified for substantive permanent appointment. These rules clearly provide for a probationary period that must be served before the person appointed to the service becomes a regular or permanent member thereof.