SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I may first deal with the contention of the learned counsel for the petitioner relating to attack on the validity of the order on the ground of alleged mala fides of respondents 3 and 4. There is no doubt that an order' of any executive authority, even within its jurisdiction, will be quashed by this Court if it is satisfied that the authority has not been exercised honestly, bona fide, and reasonably. It will be an abuse of power indeed if the authority exercising such a power takes into account extraneous matters not pertaining to the object sought to be achieved by the exercise of that authority. The test in all such cases is as to what is the dominant purpose which can be said to have impelled the action. If it is based on personal vendetta then the garb it is given is immaterial. This Court has to go behind the order and ascertain if really the order sought to be challenged is the result of reasons not connected with the purpose desired to be attained. The burden of proof is on the petitioner who alleges mala fides and suspicion, however strong, cannot take the place of proof. It is no doubt true that some time it is difficult to find out the motive of the authority passing an order but there must be sufficient objective data produced by the petitioner on which one can come to a reasonable conclusion about lack of bona fides. His Lordship then discussed the evidence and held that the charge of mala fides was not established. Habbans Singh, J. This petition under Article 226 of the Constitution of India, filed by an employee of the cooperative Department of the Punjab State, is "directed against the Punjab government challenging its order, dated the 21st of March, 1969, recalling the petitioner from foreign service and directing his posting to his parent Department.

(2.) THE Punjab State Co-operative Supply and Marketing Federation Ltd. , chandigarh (hereinafter referred to as the Federation), is a society registered under the Co-operative Societies Act and consequently is a body corporate quite independent of and distinct from the Punjab State Government. By its resolution, dated the 21st of October, 1963, (Annexure 'b' to the writ petition), it requested the Punjab State Government to spare the services of the petitioner, Shri Sohan singh, who was then working as Joint Registrar in the Co-operative Department, on deputation to the Federation. To begin with, the Punjab State Government agreed to spare the services of one Shri Rajinder Singh, Deputy Registrar of cooperative Societies, but on the insistence of the Federation the Punjab State government agreed to "the deputation on foreign service of Shri Sohan Singh" as secretary of the Federation with effect from the 3rd of March, 1965. The sanction and the terms on which he was permitted to go on deputation in foreign service are incorporated in Annexure 'c' to the writ petition. The period of deputation was to be one year in the first instance and the petitioner was to get, in addition to pay as Joint Registrar, Cooperative Societies, 20 per cent deputation allowance. It is further provided in Annexure 'c' that he will be entitled to the various facilities mentioned therein, to which he was otherwise entitled, and the leave and pension contribution was to be paid by the Federation. This period of one year expired in 1966 and the period was, renewed from time to time. The last renewal was conveyed by the Deputy Secretary to Government, Punjab. Co-operative department, to the Registrar Cooperative Societies, Punjab, by its memo No. 2447-CI-68 of July 1968 (Annexure 'd' to the writ petition), by which the period of deputation of the petitioner to the Federation was extended "for two years with effect from the 3rd of March 1968 to the 2nd of March 1970 on the existing terms and conditions". Soon thereafter, that is, on the 17th of August, 1968, one post of additional Registrar, Co-operative Societies, was created in the Scale of Rs. 160050-1800 and the petitioner Sohan Singh, who was at that time in foreign service with the Federation was appointed to officiate against the said post "in addition to his present charge on foreign service". It was specifically provided that the sanction of the post will be operative "till such time as Shri Sohan Singh holds the dual charge of the post of Additional Registrar * * * * as well as on foreign service as the Secretary" of the Federation, and secondly that the entire expenditure on the pay, leave salary and pension contribution of Shri Sohan Singh was to be borne by the said Federation. It was further clarified that in case, due to change in this arrangement any expenditure on State exchequer is involved, the matter will be referred to the finance Department again. The net result of the abovementioned order (Annexure 'e' to the writ petition) was that the petitioner started drawing pay, while on foreign service, in the higher grade of Rs. 1600-1800, in addition to which apparently he was entitled to the usual 20 per cent deputation allowance. The creation of the post was for the period that he was to be on deputation, so that it did not involve any expenditure to the State exchequer. This was obviously a way to benefit the petitioner and let him draw higher emoluments from the foreign employer, which he would not have been entitled to, if this higher post had not been so created and the petitioner given an officiating promotion, to the same.

(3.) THUS the petitioner continued on foreign service, when on the 21st of March, 1969, that is, after the petitioner had enjoyed a little more than a year of the last two years' extension granted to him, the impugned order, dated the 21st of march, 1909, (Annexure 'g' to the writ petition), was passed by the Punjab State government, by which the services of the petitioner as Managing Director of the federation (as he then was) were withdrawn and he was posted as Joint Registrar, co-operative Societies, Consumers' Stores, in the office of the Registrar, Cooperative societies, Punjab, at Chandigarh. The petitioner was directed to "hand over the charge to his next senior in the Federation and join his new assignment immediately. " This order is signed by the Secretary to Government, Punjab, Cooperative department. It appears, however, that this order was issued on the basis of an order passed by the Chief Minister on the 10th of March, 1969, (translation Annexure 'c-1'), as elaborated by subsequent order, dated the 20th of march, 1969, (translation Annexure 'c-2' ). Apparently the petitioner came to know about this order and he met respondent no. 4, Mr. R. S. Phoolka, the Principal Secretary to the Chief Minister. Punjab. According to the allegations in paragraph 15 of the writ petition, it was respondent no. 4 who had called the petitioner on telephone and it was as a result of his message that he met respondent No. 4, when the petitioner was informed by him that "the Chief Minister was annoyed with him and that it would be in petitioner's best interest that he should proceed on four months' leave. " The petitioner, however, refused to proceed on leave and immediately thereafter he met Shri S. S. Grewal, Secretary, Co-operative Department, and told him all that had transpired in the meeting with respondent No. 4.