KALAM DASS Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) The petitioner Kalam Dass was employed in the office of the Director of Welfare Department in the year 1958. Thereafter he was promoted and appointed as Teacher in the Tibetian Refugees Camp Kasumpti. While the petitioner was working as teacher in that camp he applied for the post of Election Kanungo. He was selected and was given a letter of appointment, dated 31st July 1965. He was appointed as a temporary hand and his services were likely to be terminated after giving one month's notice without assigning any reason. It was, however, mentioned, that he would be considered against a permanent post whenever such post was available, subject to his satisfactory work and conduct. The petitioner continued to serve as Election Kanungo up-till 10th December, 1971, when the impugned order was passed reverting him to the Welfare Department, as his services were no longer required by the Election Department.

(2.) The petitioner contends that under Rule 8 of the Himachal Pradesh Election Department Subordinate Class III Services (Recruitment, Promotion and Certain Conditions of Service) Rules, 1966, three years was the maximum probationary period and since this period expired on 31st July. 1968, he should be deemed confirmed with effect from that date. As he was reverted from a substantive post, the order of reversion, according to him. amounted to punishment under Article 311 (2) of the Constitution.

(3.) The petitioner further contended that one Jagdev Singh (respondent No. 3) made a complaint against him and as a result to that complaint his work and conduct was not found satisfactory and he was reverted. As such the order of reversion was made without enquiry or show-cause notice, as required under Article 311 (2). Such an order of reversion amounted to punishment and should be quashed. According to the petitioner the order of reversion was thus illegal and without jurisdiction and should be set aside. He has further demonstrated that certain officials junior to him in rank are retained in service. As such Arts. 14 and 16 are attracted and the petitioner could not be reverted. The petitioner has, therefore, sought that the impugned order reverting him should be quashed and that he should be declared permanent Election Kanungo.