- (1.) The petitioner was selected for appointment to the post of Registration clerk in Jaunpur district in 1956. His name was included in the list of approved candidates for permanent appointment to the post of Registration clerk./ In January 1962 certain vacancies in the post of permanent registration clerk occurred. The Inspector General of Registration by his order dated 31-12-1961 appointed the petitioner against one of these permanent post. The appointment was to take effect from 1-1-1962. The appointment order did not specify that the petitioner was appointed on probation, but as the subsequent events show, he was treated on probation. His work and conduct was not found satisfactory as a result of which he was not confirmed, instead he was treated on probation. He was transferred from Jaunpur to Varanasi and then to Azamgarh. While he was posted at Lalgan.i in the Sub-Registrar's Office, certain complaints were received against him. The Inspector General of Registration passed an order dated 16-4-1966 directing the petitioner to cease work. An enquiry was held against the petitioner in the allegations made against him. Sri K. M. L. Kapoor, Inspector of Stamps was deputed to hold enquiry against the petitioner. After completion of enquiry Sri Kapoor submitted his report to the Inspector General of Registration. On a perusal of the same the Inspector General of Registration passed an order on 7-4-1967 awarding an adverse entry to the petitioner for using insolent and undignified language in commenting on the District Registrar's order. He reverted the petitioner from the post of Registration clerk and directed that he will be treated as an approved candidate at serial No. 1. He was directed to report himself for duty to the District Registrar, Jaunpur.
(2.) The petitioner reported for duty to the District Registrar at Jaunpur, but he was not allowed to join. A number of letters were exchanged between the District Registrar, Jaunpur and the Inspector General of Registration. The former took the stand that the petitioner was not entitled to join as an enlisted candidate at Jaunpur on the ground that on the petitioner's appointment as Registration clerk against a permanent vacancy his name automatically stood removed from the list of approved candidates, therefore, he could not be treated as an enlisted candidate. Inspector General of Registration was of the opinion that since the petitioner has not been made permanent on the post of Registration clerk he continued to be on probation and on the complaints received against him he was by way of punishment directed to be treated as an enlisted candidate. Unfortunately both the authorities could not reconcile and the petitioner was not allowed to join his duties even though the Head of the Department had issued a specific order permitting him to join his duties at Jaunpur.
(3.) Since the petitioner was not allowed to join his duties and the order of the Inspector General of Registration was not given effect to by the District Registrar, Jaunpur, he filed a civil suit before the Civil Court at Jaunpur claiming relief for the cancellation of the two orders of the Inspector General of Registration one dated 16-4-1966 directing the petitioner to cease work and the order dated 7-4-1967 reverting the petitioner to the list of approved candidates. The suit was contested by the State of U. P. as well as by the Inspector General of Registration. The trial Court dismissed the suit on the findings that none of the two orders dated 16-4-1966 and 7-4-1967 were orders of punishment. It was further held that none of the petitioner's right to continue in service had been jeopardised and the Inspector General of Registration by his order dated 7-4-1967 had issued direction permitting the petitioner to join duty at Jaunpur. The petitioner filed appeal against the trial Court judgment and decree. The appellate Court viz., the District Judge upheld the findings recorded by the trial Court and dismissed the petitioner's appeal by his order dated 29-7-1971. The petitioner thereafter reported for duty on 5-8-1971 at the office of District Registrar, Jaunpur. The District Registrar of Jaunpur again sought guidance from the Inspector General of Registration under his letter dated 12-8-1971 but no orders were issued and the matter appears was referred to the State Government by the Inspector General of Registration. The State Government by its letter dated 23-8-1973 directed the Inspector General of Registration not to treat the petitioner as an approved candidate and gave further direction that in case the petitioner wanted appointment, written undertaking be taken from him that he would not claim any benefit of his past service. The Government further directed that the petitioner could be re-employed only, on receipt of such an undertaking. In compliance to the direct tion issued by the State Government the petitioner gave the requisite undertaking and appeared before the District Registrar Jaunpur to join duty. But even thereafter the District Registrar, Jaunpur, by his oder dated 25-1-1974 did not permit the petitioner to ioin his duty. Aggrieved the petitioner approached this Court by means of this petition under Article 226 of the Constitution challenging the order of the State Government dated 23-8-1973 and the order of the District Registrar, Jaunpur, dated 25-1-1974.;