Avadh Behari Rohatgi,J. - (1.) The real question for decision in this Case is whether a probationer in a higher post can be reverted to the lower post when a substantial time during the period of probation he remains under suspension.
(2.) The petitioner, Pritam Singh, was working as Assistant Grade I officer in the Food Corporation of India (Corporation). By an order dated 23.12.79 he was promoted as Assistant Manager (Depot) on a provisional basis. He was to remain on probation for a period of one year. On satisfactory completion of the probationary period he was to be considered for confirmation to the post of Assistant Manager.
(3.) On 5.1.1979 the petitioner started functioning as Assistant Manager, Food Storage Depot, at Ellenabad(Distt.Hissar). He worked till 11.6.1979. On 12.6.1979 the Zonal Manager (North) suspended him under the power conferred by Reg. 66 sub-clause (1) of the Staff Regulations, 1971,(the Regulations) of the Corporation. Suspension continued till 6.3.1980 when the suspension order was revoked under sub-clause 5 (e) of Reg. 66. The departmental proceedings were, however, pending against the petitioner at that time and the revocation order was without prejudice to those proceedings.;