PASHUPATI NARAIN SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by the petitioner under Article 226 of the Constitution of India, praying that the ordar contained in Annexure 5 of the application, so far as it affects him, may be quashed and the opposite parties directed not to enforce that part of the order against the petitioner. The relevant parts of Annexure 5 run as follows:---

(2.) Before I enter into the detailed contentions raised by the learned counsel, it may be stated that admittedly, the petitioner has not yet been empanelled. It has been mentioned in paragraph 9 of the writ application, that, by an order passed by the Calcutta High Court the result of an examination hold earlier has not yet been published, so that a panel of successful candidates to hold selection grade posts on a permanent basis has not yet been prepared. This matter has also been referred to in the counter-affidavit filed on behalf of opposite party No. 3.

(3.) For the main contention raised by learned counsel for the petitioner, based on Annexure 1, he has relied upon Annexures 2 and 3, dated the 31st July, 1058 and the 9th July, 1965 respectively. Annexure 2 is a confidential circular from the Director of Establishments, Railway Board to the General Managers, All Indian Railways and C. L. W. and others. The subject was "Reversion from officiating appointment. Circumstances under which it attracts the provisions of Article 311 (2) of the Constitution". Portions of this circular upon which learned counsel for the petitioner has laid emphasis read thus:--