FATEH SINGH CHUGHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FATEH Singh Chugha petitioner was working as a permanent Superintendent in the Punjab Civil Secretariat when in 1963, due to the phenomenal development of the activities of the Industries Department, he was appointed to the post of assistant Director (Administration) by an order of the Governor of Punjab for a period of six months. The petitioner took charge of this post with effect from january 1, 1964. The period of six months was later on, with the approval of the punjab Public Service Commission, extended to four years ending on January 1, 1968. The petitioner has alleged that he was selected for the post of Assistant director (Administration) in the Industries Department because of the fact that it was felt that a person from outside should be appointed who should be above departmental pressure, intrigues and faction, at the same time having special knack of setting the things in order and who should also be well conversant with the offiicial procedure and "know-how. " Applications for the post were invited from the Superintendents of the Punjab Civil Secretariat and the petitioner was then selected.

(2.) DURING the period from 1964 to 1966, the petitioner earned very good remarks in the Industries Department some of which are as under:--

(3.) SEPARATE written statements to the writ petition have been filed by all the respondents. It has been admitted by respondent 1 in its return that the petitioner had done good work and he was therefore, given extension for a further period of four years with effect from January 2, 1968 but it is emphasised that there was no contract between him and the Government and that he "was transferred from the post of Superintendent in the Secretariat to the post of Assistant Director (Admn.)in the Directorate of Industries in a temporary capacity and his lien had been kept in the Secretariat. On the post of Assistant Director (Admn.) he had to deal with the establishment matters. The purpose of sending an outsider to the Industries department was that the officer should handle the establishment cases free from departmental intrigues and factions. Too long a stay on the administrative seat is not a healthy thing and, therefore, Government took a decision on the administrative grounds that Shri Fateh Singh Chugha should be reverted to the punjab Civil Secretariat and Shri I. S. Tewari, formerly P. A. to the Advocate general Punjab, was appointed in his place. " it is also averred that the reversion of the petitioner to his substantive post of superintendent in the Punjab Civil Secretariat from the post of Assistant Director (Admn.) which he was holding on officiating basis, did not entail any penal consequences. The orders passed by the Government were just and proper and there was no obligation on the part of the Government to retain the petitioner as assistant Director (Admn.) for any particular period. He could be reverted on administrative grounds at any time. The Government is said to have passed the impugned order with full knowledge of all the circumstances of the case. No injustice has been done to the petitioner by his reversion to the post against which he is holding his lien and no provision of the Constitution has been violated.