KULWANT SINGH Vs. D R MARWAHA

JUDGEMENT

(1.) THIS is a petition under Article 32(2 -A) of the Constitution of India as applicable to the State read with Section 103 of the State Constitution for issue of an appropriate writ quashing Government order No. 780 -Agri. of 1972 dated July 11, 1972 and respondent 1s order No. DAH -70 dated July 12, 1972, and for a writ of Mandamus prohibiting the respondents from giving affect to the aforesaid orders.

(2.) THE orders which are subject matter of challenge in this petition read as follows: - "Government of Jammu and Kashmir, Civil Secretariat, Forest Department. Subject: - Reversion of Dr. Kulwant Singh, Manager, Cattle Breeding and Research Farm, Belicharana. Government Order No. 780 -Agri of 1972. Dated 11 -7 -1972. Dr. Kulwant Singh, Manager Cattle Breeding and Research Farm Belicharana working in the scale of 300 -650 on ad -hoc basis is hereby reverted to the grade of 300 -600 with immediate effect. Director Animal Husbandry will make arrangements for relieving Dr. Kulwant Singh immediately and adjust him suitably against a post in the scale of 300 -600. By order of the Government of Jammu and Kashmir. (Sd.) Secretary to Government "Government of Jammu and Kashmir, Directorate of Animal Husbandry: Order No. DAH -70 of 1972. Dated: 12 -7 -1972. Following transfers and postings are hereby made: - (1) Dr. Karan Singh presently working as Veterinary Inspector Jammu, is transferred and adjusted temporarily in his own pay and scale as Manager Cattle breeding and Research Farm, Belicharana, vice Dr. Kulwant Singh reverted under Government order No. 780 -Agri of 1972 dated 11 -7 -1972. He will hand over charge of the post of Veterinary Inspector Jammu to the Deputy Director, Animal Husbandry, Jammu and relieve Dr. Kulwant Singh immediately positively by 13th July, 1972. 2. Dr. Kulwant Singh presently working as Manager Cattle Breeding and Research Farm. Belicherana on reversion to the grade of 300 -600 under Government Order No. 780 Agri of 1972 dated 11 -7 -1972 is posted as Rural Dairy Extension Officer, Srinagar vice Dr. Ali Mohd. Qazi. Lein of Dr. Qazi who is presently on deputation for M.V. Sc. training will be shifted under separate order. He will hand over charge to Dr. Karan Singh and report for duty at Srinagar immediately. The transfers have been made in the interest of the service. (Sd.) Dr. D. R. Marwaha Director, Animal Husbandry, J&K, Srinagar.

(3.) THE case of the petitioner who is admittedly an M.Sc. in Veterinary Science and Phd in Bio Chemistry and has completed satisfactorily the Advanced Course in Artificial Insemination and Physio -Pathology of Reproduction and the Post Graduate Course in Veterinary Science at the Indian Veterinary Research Institute Izatnagar, U.P. is that he joined the Animal Husbandry Department of the State in 1950 and in course of time rose to the position of Veterinary Inspector in the pay scale of 500 -600 when by Government order No. 628 -Agri of 1969 dated August 21, 1969, he was promoted to the grade of 300 -650 alongwith fourteen other officers on the basis of merit and ability -cum -seniority, and posted as Project Officer I.C.D. Jammu, that out of the fourteen officers only four were senior to him and the remaining ten were junior to him, that the said promotion was made pending clearance by the Public Service Commission which has not given its decision so far in respect of any of the said officers, that by Government order No. 780 -Agri of 1972, dated July 11, 1972 he was reverted to the grade of 300 -600 with immediate effect with a direction to respondent No. 1 to relieve him (the petitioner) immediately and to adjust him against a post in the scale of 300 -600, that the said order of reversion is invalid as it amounts to an order of punishment and has been pasted without giving him a show cause notice and that the impugned orders are discriminatory and have been passed out of malice for ulterion for purpose. In support of his overment that the impugned orders have been passed mala fide the petitioner has made serious allegations against respondent No. 1 in regard to the purchase of a number of itemes namely Primus Stoves, Muslin Bundles, Phenothiazine and Calomel. It is alleged by the petitioner that respondent No. 1 placed huge orders at exorbitant rates for the purchase of these items from two firms namely M/S Nu Scientific Centre and G.M. Enterprises and Veterinary Surgico, which are owned by respondent No. 1 relations in -law and which are represented by Mr. M.S. Bhalla, the brother -in -law of respondent No. 1, with a view to conferring undue pecuniary advantage on them and causing wrongful loss to the State Exchequer. It is also alleged by the petitioner that he made an oral complaint on February 3, 1972 to the Anti Corruption Commission against respondent No. 1 on the basis where of a charge sheet under Section 3(d) of the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act, 1962 has been framed against him. It is further alleged by the petitioner that the respondent No. 1 intended to wreak vengeance on him as - he declined to help and his aforesaid brother -in -law in mal -practices and spurned all approaches made to him by and on behalf of respondent No. 1 not to expose him. There allegations are set out in various clauses of paragraph 9 of the petition. Various other allegations of personal pique and rancour have also been made by the petitioner against respondent No. 1 and it has been contended that the impugned Government Order has been passed on the briefing and on the report of Respondent No. 1.