PRIYA KANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner came to be appointed on Class-III post of clerk in terms of the appointment letter dated 30th January, 1992. This recommendation was made because the father of the Petitioner died-in-harness and the appointment came to be made under compassionate head. Appointment letter has been annexed by the Petitioner as Annexure-1 to the writ application. Clause-8 of the appointment letter clearly states that the appointee must acquire typing skill within one year of the date of the appointment. This clause or condition was part and parcel of conditions which were laid down by the Respondents while making appointment of Petitioner on the post of clerk.

(2.) On 1.10.1996 Petitioner was relegated to the post of peon since he failed to pass the typing test held on three occasions which are 8.3.96, 14.6.96 and 2.9.96. Obviously such an order was not liked by the Petitioner and he rushed to the Court challenging the impugned order contained in Annexure-2.

(3.) Learned Senior Counsel contends that the order contained in Annexure-2 amounts to reversion and this cannot be allowed without there being disciplinary proceeding in this regard or without there being anything held out against the Petitioner on a proceeding initiated as reversion has been held to be punishment. In support thereof reliance has been placed on a decision rendered in the case of P. Srinivasa Sastry and Ors. v. Comptroller & Auditor General and Ors., 1993 AIR(SC) 1321. Emphasis is on paragraph-8 of the said decision which is quoted hereunder: .