Judgement

MITTER, J. :- This appeal is by a certificate granted by the Punjab High Court under Article 133 of the Constitution against its judgment and order dated January 7, l963 in Letters Patent Appeal No. 157 of 1959 reversing a decision of a single Judge of that Court who bad dismissed a writ petition filed by the respondents on June 7, 1958 to declare that the order of the first appellant reverting him to his permanent post in the Delhi Administration was invalid and to quash the same.

2. The facts laid in the writ petition are as follows. The petitioner, Sukh Raj Bahadur, respondent herein was a permanent official of the office of the Chief Commissioner, Delhi. On December 9, 1952 he was accepted as a candidate for the post of Extra Assistant Commissioner on the Register A-II of the Punjab Government along with two others. on the advice of the Punjab Public Service Commission. He was posted as Inspector. Local Bodies, Jullundur Division and Assistant to Commissioner, Jullundur Division. Later on, he acted as Personal Assistant to the Deputy Commissioner, Amritsar. On being relieved from the Delhi State Government on January 15, 1953 he assumed charge of the post of Personal Assistant to the Deputy Commissioner, Amritsar in the P. C. S. (Executive Branch Cadre) on January 24, 1953. He passed all the departmental examinations prescribed under rule 21 of the Punjab Civil Service (Executive Branch) Rules, 1930. Under R. 22 of the aforesaid rules, he was to remain on probation for a period of 18 months subject to his completing the training and subject to further extension of the period of probation as the case may be. In his case, the period of probation expired in July 1954. The same was however not extended by any order of the Governor of Punjab. The petitioner claimed that under R. 24 of the said rules he became qualified for substantive permanent appointment to the P.C.S. (Executive Branch). He received a charge-sheet with a letter dated January 14, 1957 from the Secretary to the Government of Punjab, Anti-Corruption Department, asking him to reply to the charge-sheet within a fortnight and to inform whether he would produce defence or whether he would like to be heard in person. The petitioner replied to the charge-sheet on January 23, 1957 stating that he wanted an opportunity of being heard in person. By order of the Punjab State dated 23/26th May, 1958 purporting to be one under R. 28 of the aforesaid rules he was reverted by the Punjab State Government to his substantive post of Superintendent under the Chief Secretary, Delhi Administration with immediate effect.

3. According to the petitioner, the said order of 23/26th May, 1958 terminated his service under the Punjab State Government and permanently removed him from the Punjab Civil Service.

4. The petitioner also complained that under Rule 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952, he should have been apprised of the grounds to terminate his employment as probationer for any specific fault or on account of any unsatisfactory record or unfavorable reports implying his unsuitability for service and given an opportunity to show cause against the same, before any orders were passed by the authority competent to terminate the appointment. The petitioner was never apprised of the grounds of any such proposal nor given an opportunity to show cause against it before the order reverting him to the post of Superintendent mentioned above was made. There was thus a clear breach of R. 23 of the Punjab Civil Service (Executive Branch) Rules. Accordingly the petitioner prayed that the said order of 23/26th May, 1958 be quashed and suitable relief be given to him.

(4-A) The order complained of runs as follows:-

"The Governor of Punjab is pleased to revert Shri Sukh Raj Bahadur, Extra Assistant Commissioner, officiating, from P. C. S. (Executive Branch) to the post of Superintendent under the Chief Secretary, Delhi Administration, with immediate effect."

5. I