A. N. Sen, J. - (1.) This appeal by special leave is against the judgment and order of the Division Bench of the Andhra Pradesh High Court affirming the judgment and order of the learned single Judge in a writ petition filed by P. Subrahmonia Bhatt, the respondent in the present appeal. Shri Bhatt filed the writ petition challenging the validity of an order passed by the appellants reverting him to the post of an Announcer from the post of a Producer (Women and Children), All India Radio to which Shri Bhatt had been appointed on probation. For reasons recorded in the judgment, the learned single Judge came to the conclusion that the order of reversion passed against Shri Bhatt was by way of punishment; and in that view of the matter, the learned single Judge quashed the said order and made the rule absolute. Against the order of the learned single Judge the appellants had preferred an appeal. The Division Bench agreed with the view expressed by the learned single Judge and dismissed the appeal. This appeal was thereafter preferred by the appellants with special leave granted by this Court.
(2.) The facts material for the purpose of this appeal may be set out The respondent, Shri Bhatt, was originally recruited as a Compere on 29-5-1972 in the All India Radio, Vijayawada. The post of Compere was subsequently redesignated as Announcer from 25-7-1973. He was then selected by direct appointment for the post of a Producer and was appointed as such on 7-7-1975 on probation. While Shri Bhatt was acting as a Producer on probation, he was reverted to the post of Announcer by the order of Station Director, Vijayawada dated 28-1-1977. The Order of reversion reads as follows: "Shri P. S. Bhatt, Producer (Women and Children), All India Radio, Vijayawada is informed, that, during his probation period in the present post, he has not been found suitable for the post of Producer. It has therefore been decided by the Directorate to revert him back to the post of Announcer with immediate effect i. e. from the afternoon of 28th Jan., 1977." The validity of this order was challenged by Shri Bhatt in a writ petition, filed by him. The allegations made by Shri Bhatt in the writ petition were that the said order had been passed by the Station Director arbitrarily and illegally inasmuch as Shri Bhatt had incurred the displeasure and wrath of the Station Director. It has been alleged in the writ petition that on 13-11-1976 Shri Bhatt had organised a children's programme before a selected audience and had invited the Station Director to speak. The Station Director, it appears, was not quite pleased with the arrangements made. During the course of his speech, the Station Director mentioned, by mistake, that the function was arranged in connection with the death anniversary of Nehru instead of the birth anniversary. On 16-11-1976, Shri Bhatt and one Shri M. V. S. Prasad were discussing in the studios of the All India Radio, about the speech of the Station Director. In the course of their conversation they had indulged in some loose talks using filthy and abusive language also about the other officers of the department. The conversation had been tape-recorded by the Engineering Assistants who, it appears, had forwarded the same to the Station Director. The Station Director by his memo dated 1-12-1976 warned Shri Bhatt in the following terms: "It has been brought to my notice that Shri P. S. Bhatt" Producer (Women and Children) has conducted himself in a manner not conducive to the discipline of the office by indulging himself in loose talk in the studios on 16-11-1976. A serious view is being taken of such an irresponsible lapse on his part. He is severely warned of such misdemeanour." It appears that the Station Director reported the matter to the Director General, All India Radio, for appropriate action, enclosing along with his report a brief substance of the conversation which had been tape-recorded. The order under appeal, which we have already set out, terminating the period of probation and reverting Shri Bhatt to his post of Announcer, was thereafter passed.
(3.) The main contention which was urged on behalf of Shri Bhatt in the writ petition before the learned single Judge was that the order of reversion of the petitioner from the post of Producer to that of the Announcer was by way of punishment and the said order was passed in breach of the provisions of Art. 311 (2) of the Constitution. The learned Judge accepted this contention, holding that the order was influenced by the report of the Station Director to the Director General. The Division Bench had also agreed with this finding of the learned Judge.;