Judgment

KRISHNA IYER, J.:- The first respondent was holding the substantive post of clerk under the Bombay Government and had been promoted as officiating Aval Karkun on 16-5-1949. Subsequently, however, the Collector of Dharwar reverted the first respondent to his substantive post as clerk for the reason mentioned in his order dated 2-9-1956 which runs as follows :

"No. E.S.T. 384

Office of the Collector,

Dharwar 2-9-1956

CONFIDENTIAL

To

Shri M. K. Gadgoli, Circle Officer, Dharwar.

Your work was recently reviewed and your confidential sheet was examined, it was found that your work as an Aval Karkun is unsatisfactory.

O.C. signed by the Sd/-

Collector. for Collector,

Dharwar."

He was thereafter posted as clerk. He challenged this order before Government and the Mysore Government (by this time the District of Dharwar had, under the States Reorganization Act, become part of the Mysore State) rejected his appeal. However, on 1-8-59, the Additional Commissioner went into the case of the first respondent again and found that he had improved considerably "during the last two years." Consequently, he ordered the promotion, on an officiating basis, of the first respondent to the post of Aval Karkun,