RAM BHUSAN SHUKLA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1993-7-55
HIGH COURT OF ALLAHABAD
Decided on July 21,1993

Ram Bhusan Shukla Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

R.A. Sharma, J. - (1.) Petitioner has filed this writ petition, challenging his reversion from the post of Supervisor Kanungo to the post of Lekhpal and also the order of his suspension.
(2.) Vide order dated 13-7-1990 petitioner was permitted to work as Supervisor Kanungo on the basis of local arrangement. However, vide order dated 3-6-1992 he was promoted to the above post of Supervisor Kanungo on temporary basis. Service of person, who is appointed even on temporary basis, cannot be terminated without an order in writing. In the instant case, according to the averments made in the writ petition, there is no order in writing the service of the petitioner. Learned counsel for the petitioner has, however, referred to order dated 29-6-1993, a copy of which has been filed as Annexure-IV to the writ petition and on that basis the submission is that petitioner's service has been terminated. It is not possible to accept this submission. Annexure-IV does not say about the reversion of the petitioner. As mentioned hereinbefore, petitioner, who was appointed on temporary basis, cannot be removed or reverted without an order in writing to that effect. As long as there is no order reverting the petitioner from service, petitioner will continue to be Supervisor Kanungo and will also be entitled to the payment of his salary of that post. If and when an order reverting the petitioner is passed, it will be open to him to challenge the same before the appropriate forum.
(3.) As regards the order of suspension is concerned, it states that the petitioner has been suspended on two charges, namely, (i) unauthorised occupation of plot No. 147, Govindpur, Allahabad by the petitioner and (ii) not working according to Government Servants Conduct Rules.;


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