Judgment

S. R. DAS

( 1 ) THIS appeal has been filed with a certificate of fitness granted by the Punjab High Court on 20/08/1956. It is directed against the judgment and order passed by a Division Bench of that Court on 19/01/1956, in Letters Patent Appeal No. 28 of 1955, reversing the judgment and order of Mr. Justice Harnam Singh pronounced on 15/04/1955, whereby his Lordship had allowed the appellants application being Civil Writ No. 36-D of 1955 and set aside the order passed by the General Manager, Northern Railway on 19/08/1953, reverting the petitioner from the post of Signal and Tele-communication Engineer, (Telegraphs) in Class II service where the appellant was officiating to his substantive post in Class III service. This appeal raises a very important question about the construction of Art. 311 of the Constitution.

( 2 ) THE facts are shortly as follows:- In August 1924 the appellant joined the railway service as a Signaller (Telegraphist ). As a result of selection, he was promoted as S. Controller in 1942 and as Deputy Chief Controller in 1947 and as the Chief Controller in 1950. All these posts were in Class III service. On M 31/03/1951, seven candidates, including the appellant, appeared before a selection board constituted for selecting a candidate for the post of Assistant Superintendent Railway Telegraphs, which was a gazetted post in Class II Officers cadre. The appellant was selected out of the seven candidates for this post. On 2/07/1951, a notice of appointment was issued from the headquarters of the East Punjab Rly. , Delhi, notifying that "mr. Purshotam Lal, Officiating Chief Controller, is appointed to officiate in Class II service as Asstt. Spdt. Rly. Telegraphs, Headquarters Office vice Mr. Sahu Ram whose term of temporary re-employment expires on the afternoon of 3/07/1951. " The applicant actually relieved Mr. Sahu Ram in the afternoon of 3/07/1951. It appears that on 28/04/1953, one Gouri Shankar S. S. T. E. I. /hd. Qrs. Made certain adverse remarks against the appellant in his confidential report for the year ending 31/03/1953. This confidential report came before Shri S. Sen, C. S. T. E. , on 25/05/1953, who confirmed the views expressed by Shri Gouri Shankar and added his own opinion which was also adverse to the appellant. According to the usual practice obtaining in the office the aforesaid remarks were placed before the General Manager, Shri Karnail Singh, who on 11/06/1953, remarked thereon as follows:

"i am disappointed to read these reports. He should revert as a subordinate till he makes good the shortcomings noticed in this chance of his as an officer. Portions underlined red to be communicated. "

( 3 ) THE adverse remarks against the appellant in the confidential report for the year ending 31/03/1953, which were communicated to the appellant for his information by a confidential letter No. E-106/180 dated 29/06/1953, were as follows:

". . . . . . He is, however, inclined to be hasty in his decisions. His office work is scrappy and does not show attention to detail. His relations with staff as well as officers have not been happy. He has displayed a tendency to resort freely to transfers and punishment of staff, as a means of correcting their faults and in regard to officers has not maintained the proper tone and approach in official notings, discussions and letters to Divisions.

THE above shortcomings have been brought to his notice on a number of occasions both in person and in writing, without any improvement. "

REMARKS of Shri S. Sen, C. S. T. E.

". . . . . This officer suffers from an inflated idea of self-importance. His ways and manners require radical change if he desires to have a successful career as an officer. "

REMARKS of the General Manager.

"i am disappointed to rend these reports. . . . . . "

ON 24/07/1953, the appellant, who had by this time earned two increments on 4/07/1952 and Jul 4/07/1953, made a representation against the remarks made against him. On 19/08/1953, however,