MOHINDER SINGH Vs. DEPUTY COMMISSIONER KARNAL

JUDGEMENT

(1.) MOHINDER Singh petitioner joined the office of the Deputy Commissioner, Sheikhpura, and was confirmed as such in that office shortly before the partition of the country in 1947 against a war service vacancy as he was an ex-service-main. After the partition of the country his lien was fixed as a Clerk in the Deputy Commissioner's Office, Rohtak. Between March, 1948 and June, 1959 he worked in the Rehabilitation Department as Clerk, Senior Clerk, Sub-Inspector and Head Clerk. In June, 1959 he was sent back to his parent department as Clerk in the Deputy Commissioner's Office, Rohtak. In September, 1959, he was transferred to the Deputy Commissioner's Office, Karnal, by the order of the Commissioner, Ambala Division. On February 17, 1962 the petitioner was promoted by the Deputy Commissioner, Karnal, as an officiating Assistant in the Copying Agency against a substantive permanent post. The order shows that he was so promoted because all persons senior to him had declined to accept that post. Shortly after getting the promotion the petitioner qualified in the prescribed test held by the Punjab Subordinate Services, Selection Board by the end of 1962.

(2.) SARVSHRI Nathi Ram, Jagiri Lal, Hukam Chand and Budh Dev were promoted to the post of officiating Assistant against temporary posts after the date of promotion of the petitioner. Thereafter Dharm Dev, Jagat Parshad, Ram Parshad and Jai Parshad and Jai Bhagwan were also promoted against temporary posts. These eight persons were thus junior to the petitioner. The petitioner was not confirmed as an Assistant and by order dated October 31, 1968, the Deputy Commissioner, Karnal, reverted the petitioner and one Bishambar Nath Bahl to their substantive posts of Clerk with immediate effect and they were directed to relinquish charge at once and to report themselves for further posting to the General Assistant. It may be mentioned here that Bishambar Nath Bahl was senior to the petitioner. Instead of pursuing any remedies by way of appeal or memorial to the higher authorities the petitioner filed the present writ petition in this Court on November 8, 1968 which was admitted on November 12, 1968. It was ordered to be heard very early but the stay of the operation of the order was refused.

(3.) THE respondents to the writ petition are Deputy Commissioner, Karnal, Commissioner, Ambala Division, State of Haryana, Shrimati Om Prabha Jain, Shri M. L. Batra a former Commissioner of Ambala Division, and Shri Jagiri Lal, Steno to Deputy Commissioner, Karnal. All the respondents except the State of Haryana have filed their affidavits by way of written statements to the writ petition and the petitioner had filed a replication. The Deputy Commissioner, Karnal, and Shrimati Om Prabha Jain have filed additional affidavits in reply to the replication filed by the petitioner. Shrimati Om Prabha Jain has been made a respondent as she is a Minister in the Haryana Cabinet and allegations of mala fides have been made against her but at the hearing of the writ petitioner, Mr. Abnasha Singh, the learned counsel for the petitioner, expressly stated that he did not press the allegations of mala fides against her. He has confined his arguments to the legality of the reversion of the petitioner.