ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order dated 20.9.96 by which he was reverted. Several grounds of challenge have been raised. It is alleged that the order suffers from non -application of mind, it is based on a Circular which is not applicable to the facts giving rise to the impugned order. The impugned order, is therefore prima facie arbitrary.

(2.) THE petitioner has been ordered to be given seniority from the date of his continuous appointment and was accordingly promoted in accordance with the seniority. He could not, therefore has been reported. The reversion made without giving any opportunity of being heard to the petitioner renders the order made as violative of the principles of natural justice. The order is also violative of Govt. rules framed under Article 309 of the Constitution and, therefore, view from any point, the order impugned in this petition is liable to be quashed as arbitrary and unsustainable in law.

(3.) IT is obviously not an order it is a penalty. Consequently, the impugned order is a service matter within the meaning of the word 'service matter' as defined in Section 2(f) of the Rajasthan Civil Services, Service matters Appellate Tribunal Act, 1976 (For short The Act of 1976).