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1968 Supreme(Ori) 135
HIGH COURT OF ORISSA
S. Barman, C. J. And B. K. Patra, J.
DASARATHI MAHAPATRA - Appellant
Versus
STATE OF ORISSA - Respondent
Original Jurisdiction Case 1001 Of 1968
Decided On : DECEMBER 12, 1968
R.C.PATNAIK, R.N.MISRA
A reduction in rank may be by way of punishment or it may be an innocuous thing. If the Government servant has a right to the particular rank, then the very reduction from that rank will operate as a penalty for he will then lose the emoluments and privileges of that rank. If, however, he has no right to the particular rank, his reduction from an officiating higher rank to his substantive lower rank will not ordinarily be a punishment.
Headnote:
CONSTITUTIONAL LAW - ARTICLES 226, 227 - WRIT OF CERTIORARI - REVERSION OF CIVIL SURGEON TO SUBSTANTIVE POST - WHETHER PENALTY - ARTICLE 311 - APPLICABILITY.
Fact of the Case:
The petitioner, a Civil Surgeon, was temporarily promoted to the rank of Joint Director of Health Services on a provisional basis. His services were placed at the disposal of the Labour Department for appointment as Administrative Medical Officer, Employees' State Insurance Scheme. After a month, the petitioner was reverted to the rank of Civil Surgeon. The petitioner challenged the order of reversion, contending that it amounted to a penalty and that the procedure contemplated under Article 311 of the Constitution had not been followed.
Finding of the Court:
The Court held that the petitioner had no right to the post of Joint Director and that his appointment was only temporarily made until further orders. The Court further held that the petitioner's reversion was not occasioned by any want of vacancies in the higher cadre, but because he was found unsuitable for the post. The Court also held that the petitioner was not visited with any penal consequences as a result of his reversion. Therefore, the Court held that the order of reversion did not amount to a penalty and that Article 311 was not applicable.
Issues: 1. Whether the petitioner had a right to the post of Joint Director of Health Services? 2. Whether the petitioner's reversion was occasioned by any want of vacancies in the higher cadre? 3. Whether the petitioner was visited with any penal consequences as a result of his reversion?
Ratio Decidendi: 1. The Court held that the petitioner did not have a right to the post of Joint Director of Health Services because his appointment was only temporarily made until further orders. 2. The Court held that the petitioner's reversion was not occasioned by any want of vacancies in the higher cadre because another officer was promoted to fill his place. 3. The Court held that the petitioner was not visited with any penal consequences as a result of his reversion because he was not demoted in rank, he did not lose any pay or allowances, and he did not lose his seniority in the substantive rank.
Final Decision: The Court dismissed the petition.
PATRA, J.
( 1 ) THIS is an application, under Articles 226 and 227 of the Constitution praying to quash an order dated 11th September, 1968 reverting the petitioner as a Civil surgeon. The petitioner Dr. Dasarathi Mohapatra joined service under the State of orissa as an Assistant Surgeon and in due course was promoted to the rank of civil Surgeon. While working as Civil Surgeon he was temporarily promoted to the rank of Joint Director of Health Services on a provisional basis by order dated the 29th July, 1968 of the Government of Orissa in the Health and Family Planning department and by the said order Ms services were placed at the disposal of the labour, Employment and Housing Department for appointment as Administrative medical Officer, Employees' State Insurance Scheme. The order ran as follows : "dr. Dasarathi Mohapatra, Civil Surgeon at present Medical superintendent, T. B. Hospital, Puri, is temporarily appointed as a Joint director of Health Services on provisional basis for a period of six months with effect from the date of joining or till the appointment is made in consultation with the Orissa Public Service Commission or until further orders, whichever is earlier.
( 2 ) HIS services are placed at the disposal of the Labour, Fmployment and housing Department. Bhubaneswar for appointment as the administrative Medical Officer, Employees State Insurance Scheme vice dr. P. C. Mohanty appointed as the Director of Health and Family planning Services, Orissa. XXXXX (vide -- Notification No. IX. Med. XXIA-5/18 15798/h. dated July 29, 1968 of the Health and Family Planning Department ). " 2. It is not disputed that on the date the petitioner was promoted as Joint Director of Health Services, two other officers who were junior to him in the gradation list of Civil Surgeons, namely, Dr. I. P. Acharya and Dr. G. C. Mohanty were also promoted to the rank of Joint Directors of Health. The petitioner joined as administrative Medical Officer, Employee's State Insurance Scheme on 9-8-1968. In pursuance of the order of the Health Department placing the services of the petitioner at the disposal of the Labour Department, the latter Department on 19th august, 1968 issued an order appointing the petitioner temporarily until further orders as Administrative Medical Officer of the Employees State Insurance Scheme with effect from 9-8-1968 for a period not exceeding one month. On 11th Sept. 1968, the Government in the Health Department issued the impugned order reverting the petitioner to the rank of Civil Surgeon. It is necessary to reproduce the order in extenso for appreciation of the several contentions raised in this case. "government of Orissa Health and F. P. Department Notification Dated the 11th September, 1968. No. 19100/h. Dr. Iswari Prasad Acharya Joint Director of Health services, Family Planning is transferred and posted as Joint Director of health Services, Medical vice Dr. B. M. Nanda, retired. No. 19101/h. Dr. Natabar Mohanty, Civil Surgeon, Cuttack, is temporarily appointed as a Joint Director of Health Services on provisional basis for a period of six months with effect from the date of his joining or till the appointment is made in consultation with the Orissa public Service Commission or until further orders, whichever is earlier, and posted as Joint Director of Health Services, Family Planning vice Dr. Iswari Prasad Acharya transferred. No. 19102/h. Dr. Narayan Mohapatra, Civil Surgeon, Sambulpur is transferred, and posted as the Civil Surgeon, Cuttack vice Dr. Natabar mohanty appointed as a Joint Director of Health Services. No. 19103/h. Dr. Dasarathi Mohapatra, Joint Director of Health Services at present Administrative Medical Officer, Employees State Insurance scheme is reverted to the rank of Civil Surgeon with effect from the date of his relief from the Labour, Employment and Housing Department, and is posted as the Civil Surgeon, Sambalpur vice Dr. Narayan Mohapatra transferred. By order of the Governor D. P
