TMI Blog1975 (10) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... y as an Assistant in the office of the Chief Engineer, P.W.D., Irrigation Branch, Haryana at Chandigarh. On 8th October 1971 the Legal Remembrancer and Secretary to Government, Legislative Department, Haryana wrote a letter to all administrative departments and Heads of Departments in the State informing them that it had been decided to fill in some posts in the Law Department by selection of qualified candidates from amongst the Government servants working in other departments and that for the present the tenure of those posts was one year only and the candidates would be appointed on an ad hoc basis. In pursuance of that letter the appellant applied for the post and he was appointed on 10th February 1972 as Legal Assistant on ad hoc basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and met Mr. Nanda in person without the directions or the permission of the Deputy Commissioner of Karnal under whom he was working. The Deputy Advocate General wrote to the Secretary of the Law Department that the appellant's work was not only perfunctory but below average. Thereupon the Secretary spoke to the Deputy Commissioner, Karnal to find out his views about the performance of the appellant and the Deputy Commissioner told him that he was dissatisfied with the work and performance of the appellant. It is on these grounds that the reversion was made. In his counter affidavit the Secretary of the Law Department stated that the appellant had been reverted on account of his poor performance as Legal Assistant and denied the alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat it could be said that till that purpose was over he could not be discharged. The phrase seems to have been used in the sense of 'temporary'. Whether the appointment of the appellant was ad hoc or temporary it is clear that he had no right to the post from which he was reverted. The allegation of conspiracy or grudge has clearly not been made out nor was it pressed before us. What was urged was that even temporary Government servants are entitled to the protection of Article 311 if the order of reversion was passed against them as a measure of punishment. We are satisfied that in this case the order was not meant as a measure of punishment. It was passed on the ground that the appellant was unsuitable for the post. We have alread ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g reverted as a measure of punishment or does not cast any stigma on him, the Courts will not normally go behind that order to see if there were any motivating factors behind that order. Certain cases of this Court have taken that view. Certain other cases have taken the view that it is open to the Court to go behind the order and find out if it was intended as a measure of punishment and if so whether the formalities necessary have not been followed. In cases where enquiries have been held before orders of reversion of a probationer to his former lower post or discharge of a probationer or discharge from service of a temporary servant were passed, certain decisions have taken the view that where the enquiry was held in order to find out th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that the order was intended as a punishment it is a curious situation. After all no Government servant, a probationer or temporary, will be discharged or reverted, arbitrarily, without any rhyme or reason. If the reason is to be fathomed in all cases of discharge or reversion, it will be difficult to distinguish as to which action is discharge or reversion simpliciter and which is by way of punishment. The whole position in law is rather confusing. We think it is time that the whole question was considered de novo and it would be better for all concerned and avoid a lot of avoidable litigation if it should be held that the reversion of a probationer from a higher to a lower post, or the discharge of a probationer, or the discharg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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