- (1.) FATEH Singh Chugha petitioner was working as a permanent Superintendent in the Punjab Civil Secretariat when in 1963, due to the phenomenal development of the activities of the Industries Department, he was appointed to the post of assistant Director (Administration) by an order of the Governor of Punjab for a period of six months. The petitioner took charge of this post with effect from january 1, 1964. The period of six months was later on, with the approval of the punjab Public Service Commission, extended to four years ending on January 1, 1968. The petitioner has alleged that he was selected for the post of Assistant director (Administration) in the Industries Department because of the fact that it was felt that a person from outside should be appointed who should be above departmental pressure, intrigues and faction, at the same time having special knack of setting the things in order and who should also be well conversant with the offiicial procedure and "know-how. " Applications for the post were invited from the Superintendents of the Punjab Civil Secretariat and the petitioner was then selected.
(2.) DURING the period from 1964 to 1966, the petitioner earned very good remarks in the Industries Department some of which are as under:-- 1. Since his taking over as Assistant Director, a great improvement has come about in the administration Wing of the Directorate of Industries. 2. That he is also discharging duties of a Vigilance Officer, has conducted a number of enquiries which resulted in adequate punishment to those found guilty. 3. He has, in fact, proved an asset to this Department and there is a hope of bringing the administration Wing to a stable keel if he is allowed to continue his efforts with zeal and fervour he has already exhibited. 4. It is, therefore, in the interest of the Department as well as in public interest that services of Shri Fateh Singh Chugha be continued to be availed of in this Department for few years more. These remarks were conveyed to the Public Service Commission in February, 1966 when a reference was made to it for the appointment of the petitioner to the said post. His suitability for the said post was approved by the Public Service commission on May 30, 1966. He was not permanently appointed to this post but his appointment was extended for a further period of four years with effect from january 2, 1968, by the order of the Governor of Punjab, a copy of which is annexure 'a' to the writ petition. This order is dated November 13, 1967 and reads as under:-- "the Governor of Punjab Is pleased to accord sanction to the continued appointment of Shri Fateh Singh Chugha as Assistant Director (Administration) in the Directorate of Industries, Punjab, in terms of note (I) below Rule (9) of the Punjab Industries Service (State Service class II) Rules, 19 (36, for a further period of four years with effect from the 2nd January, 1968 in the grade of Rs. 350-25-500/30-650, plus a special pay of Rs. 50 p. m. " A copy of this order was forwarded to the Secretary, Punjab Public Service commission for information and it was mentioned in the endorsement that "the suitability of Shri Fateh Singh Chugha for the post of Assistant Director (Admn.)stands approved by Punjab Public Service Commission vide their letter No. TRA. 22/ 63/21927, dated 30-5-1966. " In pursuance of this order of the Governor, the petitioner continued to work on the post of Assistant Director (Administration)till an order was passed on June 13, 1969 reverting him to his substantive post of superintendent in the Punjab Civil Secretariat and appointing respondent 3, Shri I. S. Tewari, in his place. It is alleged that this order was not served on the petitioner but Shri Tewari took over charge on June 16, 1969, on which day the petitioner was on casual leave. He applied for two days' more leave by telegram on June 17, 1969 and filed the writ petition in this Court on June 16, 1969 along with an application for staying the operation of the order reverting him to his parent substantive post in the Secretariat. The stay matter came up before Narula, j. when notice was given for June 24, 1969, and status quo was ordered to be maintained meanwhile. The said application was heard by Narula, J. on June 24, 1969, in the presence of the Deputy Advocate General appearing for respondents 1 and 2, and Shri M. R. Agnihotri, Advocate for respondent 3. Affidavits were filed by respondents 2 and 3 to the effect that respondent 3 had already taken charge of the post on June 16, 1969. The learned Judge, however, after hearing the parties, ordered that the petitioner should not be reverted from the post to which he was appointed by the order of Governor of Punjab (copy Annexure 'a' to the writ petition) till the hearing of the writ petition by the Motion Bench as the order of reversion had not been communicated to him before that date, that is June 24, 1969. The writ petition was ordered to be fixed for Motion hearing on July 14, 1969. It came up for hearing before the Motion Bench on July 16, 1969 when it was admitted and was ordered to be heard as No. 1 on July 22, 1969.
(3.) SEPARATE written statements to the writ petition have been filed by all the respondents. It has been admitted by respondent 1 in its return that the petitioner had done good work and he was therefore, given extension for a further period of four years with effect from January 2, 1968 but it is emphasised that there was no contract between him and the Government and that he "was transferred from the post of Superintendent in the Secretariat to the post of Assistant Director (Admn.)in the Directorate of Industries in a temporary capacity and his lien had been kept in the Secretariat. On the post of Assistant Director (Admn.) he had to deal with the establishment matters. The purpose of sending an outsider to the Industries department was that the officer should handle the establishment cases free from departmental intrigues and factions. Too long a stay on the administrative seat is not a healthy thing and, therefore, Government took a decision on the administrative grounds that Shri Fateh Singh Chugha should be reverted to the punjab Civil Secretariat and Shri I. S. Tewari, formerly P. A. to the Advocate general Punjab, was appointed in his place. " it is also averred that the reversion of the petitioner to his substantive post of superintendent in the Punjab Civil Secretariat from the post of Assistant Director (Admn.) which he was holding on officiating basis, did not entail any penal consequences. The orders passed by the Government were just and proper and there was no obligation on the part of the Government to retain the petitioner as assistant Director (Admn.) for any particular period. He could be reverted on administrative grounds at any time. The Government is said to have passed the impugned order with full knowledge of all the circumstances of the case. No injustice has been done to the petitioner by his reversion to the post against which he is holding his lien and no provision of the Constitution has been violated.;