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HIGH COURT OF ORISSA
PANIGRAHI,NARASIMHAM, JJ.
Kashinath Patnaik
Versus
Sri P.K.Kapila, I.A.S.Secretary, Supply and Transport, Govt.of Orissa
O.J.C. No. 170 of 1951
Decided On : 01-05-1952
CONSTITUTIONAL LAW - ARTICLE 311(2) - REDUCTION IN RANK - SUBSTANTIVE APPOINTMENT IN TEMPORARY POST - REVERSION TO PERMANENT POST - WHETHER AMOUNTS TO REDUCTION IN RANK - NECESSITY OF GIVING REASONABLE OPPORTUNITY TO SHOW CAUSE.
Fact of the Case:
The petitioner, a permanent lower division clerk in the Puri Collectorate, was appointed temporarily as Head Assistant in the Puri District Civil Supply Office and later deputed to act as Head-Clerk-cum-Accountant in the Civil Supply Office at Dhenkanal. On 12th July 1951, he was reverted to his permanent post without being given any opportunity to show cause.
Finding of the Court:
The court held that the petitioner's reversion from a substantive post in the Civil Supplies Department to his permanent post as a Lower Division Clerk in the Puri Collectorate amounted to reduction in rank and that he was entitled to a reasonable opportunity to show cause against such reduction under Article 311(2) of the Constitution.
Issues: Whether the petitioner's reversion from a substantive post in the Civil Supplies Department to his permanent post as a Lower Division Clerk in the Puri Collectorate amounted to reduction in rank.
Ratio Decidendi: The court interpreted the term "reduction in rank" in Article 311(2) of the Constitution to include reversion from a higher substantive post to a lower substantive post. It held that the petitioner had a right to hold the post of Head Clerk-cum-Accountant in the Civil Supply office at Dhenkanal and that right could be impaired only after compliance with the provisions of Clause (2) of Article 311.
Final Decision: The court declared the order of the Government of Orissa reverting the petitioner from his post of Head Clerk-cum-Accountant at Distrct Civil Supplies Office, Dhenkanal, to his permanent post in Puri Collectorate, as invalid and inoperative. The petitioner was entitled to be retained in that post or in an equivalent post unless and until the Government drew up a regular departmental proceeding for reducing him in rank or for imposing on him any other punishment they thought fit.
Judgement
NARASIMHAM, J. :- This is a petition under Article 226 of the Constitution. The petitioner was a permanent lower division clerk of Puri Collectorate on a scale of pay of Rs. 50-2-70-2-90 per month. On the 20th May 1946, he was appointed temporarily as Head Assistant of the Puri District Civil Supply Office on a pay of Rs. 100/- per month, plus the usual dearness allowance - Vide Annexure A attached to the petition. On or about the 20th May 1948, he was deputed to act as Head-Clerk-cum-Accountant in the Civil Supply Office at Dhenkanal - Vide Annexure B.
On the 12th July 1951, all of a sudden, he was reverted to his permanent post, that is, lower division clerk in Puri Collectorate, by Order No. 27201 ST., of the same date, passed by the Secretary to the Government of Orissa in the Department of Supply and Transport - Vide Annexure C. Feeling aggrieved by this order of reversion the petitioner filed a representation, first to the Secretary, Supply and Transport Department, and then to the Honble Minister in charge of that Department. Both the representations were rejected. The reason given by the Honble Minister for rejecting the representation may be gathered from letter No. 35872 dated 20th September 1951, from the Secretary, Supply and Transport Department to the District Magistrate, Dhenkanal, material portions of which are as follows :
"Sub. : - Reversion of Sri Kasinath Patnaik to his permanent post in Puri Collectorate.
"With reference to your letter No. 933/ Res/51 dated, 3-8-51 forwarding the petition of Sri Kashinath Patnaik, ex-Head Assistant of your Civil Supply Office dated 2-8-51, addressed to the Honble Minister, Government of Orissa, Supply and Transport, I am directed to say that the Government, after careful consideration, have decided that the Supply and Transport Department does not want the services of Sri Patnaik. His reversion to his permanent post is not a punishment. His petition has, therefore been rejected."
Being aggrieved by this order, the petitioner has come to this Court for the issue of an appropriate writ under the Article 226 of the Constitution.
2. The main contention of the petitioner may be stated as follows. He was holding substantively the temporary post of Head-clerk-cum-Accountant in the Civil Supply Office at Dhenkanal Consequently, his reversion to the post of a lower division clerk in Puri Collectorate amounts to "reduction in rank" and that under Article 311, Clause (2) of the Constitution he was entitled to be given a reasonable opportunity of showing cause against such reduction in rank. It was admitted by the learned Advocate-General that no formal proceeding was drawn up for reducing the petitioner in rank and that he was given no opportunity at all to show cause why he should not be reverted to his permanent post in the Puri Collectorate. But an attempt was made to justify the order of reversion on the ground that the order, in effect, does not amount to punishment and that consequently the Government could revert him to his permanent post in the Puri Collectorate without drawing up a regular proceeding. It was further urged that Clause (2) of Article 311 has no application to the present case. The petitioners work in the Supply and Transport Department was reported to be unsatisfactory and the Government, therefore, thought it undesirable to keep him in that Department any longer.
3. In the early stage of the argument it was not clear as to whether the petitioner was appointed substantively to the post of Head-clerk-cum-Accountant in the Civil Supply Office at Dhenkanal. On the other hand, annexures A and B filed by the petitioner himself along with his application seem to indicate that he was first appointed temporarily as Head Assistant in the District Supply Office at Puri on 20th May 1946 and then temporarily deputed to act as Headclerk-cum-Accountant in the Civil Supply Office at Dhenkanal. The word "temporarily" is somewhat ambiguous. It is admitted that all posts in
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