TaxTMI 
TaxTMI 
1962 (4) TMI 108
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....g to the appellant's promotion appears in the Gazette of June 5, 1949, and dates from May 31, 1945. According to the appellant, throughout his career as a public servant he had been very honest, hard-working and impartial and was extremely popular with all committee such as Hindus, Sikhs and Muslims. He also claims to have "helped the public cause of all communities alike". Then, according to him, his popularity with the people was not appreciated by at least two of his superior officers, one of whom was Dewan X Hukan Chand, Sub-Divisional Magistrate, Fazilka and on account of that be had to face an enquiry on seven charges. The aforesaid enquiry was held by Mr. S. B. Kapur, Commissioner under the Public Servants (Inquiries) Act, 1850 (37 of 1850). He, however, exonerated the appellant pointing out that far from the gravamen of these charges, communal bias, being established "witness after witness not only for the defence but also for the prosecution has deposed that while the respondent was at Fazilka he had a good reputation for honesty", As a result of this report the Government, however, stopped the increment of the appellant for one year without future effect. the groun....
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....cedure, you have created an impression during the period under report that you were not free from communalism or intrigue. It has also been reported that you were in the habit of indulging in loose talk unnecessarily which created difficulties for you. Government hope this warning will assist in affecting an improvement." Upon his reversion the appellant asked to be furnished the grounds of his reversion. But by a letter dated June 18, 1952, the Government refused to furnish him the grounds. In that letter it was claimed on behalf of the Government that the appellant could be reverted according to Rule 14.10 of the Civil Services Rules (Punjab) Vol. 1, Part 1. His grievance, however, is that the provisions of Art. 311 (2) of the Constitution are violated. The appellant made a representation to the Government against his reversion on November 17, 1952. But it was rejected by the Government on March 2, 1953. He then preferred a memorial to the Government which was rejected on December 14, 1953. Thereafter be preferred a petition to the High Court of Punjab under Art. 226 of the Constitution. The petition went up before a single Judge of that Court. The learned Judge quashed the or....
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.... Tehsildars) One candidate From Register B Two candidates From Register A-1 (Tehsildars-and Naib- Tehsildars). One candidate and thereafter in the same rotation beginning again from Register B, provided that all such appointments shall in the first instance be either officer or substantive provisional." Rule 5 which is referred to in r. 17 provides that members of the service shall be appointed by the Governor from time to time as required from among he accepted candidates whose names have been duly entered in accordance with the Punjab Civil service Rules in one or the other of the Registers if accepted candidates required to be maintained under these rules. Rule 22 of these Rules provides ,hat candidates on first appointment to the service hall remain on probation for a period, in the case of candidates appointed from Register A-I, or Registeres A- II of eighteen months. One of the three provisos to rule 22 enable the Governor to extend the period of probation of any candidate. There are two more important rules which have a bearing on this cas....
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....r cannot, as rightly pointed out by the Division' Bench, automatically acquire the status of a permanent member of a service, unless of course the rules under which be is appointed expressly provide for such a result. The rules governing the Provincial Civil Services of Punjab do not contain any provision whereby a probationer at the end of the probationary period is automatically absorbed as a permanent member of the Civil Service. What happens to such a person is clearly set out in 24 it sup. Under the aforesaid rule such a probationer is merely qualified for substantive permanent appointment. Reading rr. 23 and 24 together it would appear that where a probation is not reverted by the Government before the termination of his period of probation he continues to be a probationer but requires the qualification for substantive permanent appointment. It has been held by this Court in Parshotam Lal 'Dhingra v. Union of India (1) that Art. 3 11 makes no distinction between permanent and temporary posts and extends its protection equally to all Government servants holding permanent or temporary posts or officiating in any of them. But the protection of Art. 311 can be availabl....
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....ed to stop collecting funds for a Government College and then by his reversion on May 20, 1952 would go to show that the reversion was not in the ordinary course. No reason was given for his reversion but it would not be easy to say that the reversion must, therefore, be regarded an having been made in the ordinary course or in the bona fide exercise of his Government's undoubted power to revert a probationer because of his unsuitability for the higher Post. For, even Mr. Kashyap had in fact commanded his work as Revenue Assistant in Jullundur, Further, the District Board, Jullundur had passed a resolution on March 30,1951 expressing its appreciation for the work done by the appellant in fighting the locust invasion. In addition, the Commissioner wrote in his report for the year ending December, 1951 that the appellant stood first in the consolidation work in the Punjab State during his stay at Jullundur. An "extract from the second progress of work in respect of villages taken up after April 1, 1952" is to the effect that as Revenue Assistant, Jullundur, the appellant stood first in the Division in connection with land revenue collection work and that he had also collected Rs.....