Jaishree Thakur, J. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India challenging the order dated 20.10.1999 seeking a writ in the nature of certiorari to quash the order dated 20.10.1999 by which the petitioner has been reverted to the post of Development Officer by invoking regulation 16(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (for short 'the Regulations of 1960').
(2.) IN response to an advertisement, the petitioner applied to the post of Development Officer with Life Insurance Corporation and as per the procedure prescribed, he sat for a written test and on clearing the same, he was interviewed. After being declared successful in both the written test and the interview, the petitioner was temporarily appointed on the post of Development Officer (Apprentice) in the year 1986. He was confirmed on the said post in the year 1988. In the year 1998, there were certain vacancies in the cadre of Assistant Branch Manager (Sales). Respondent -LIC issued a policy for promotion of Development Officer to the cadre of Assistant Branch Manager (Sales). The petitioner was considered by the Department for promotion and in this respect he was also interviewed. His confidential reports were also considered at the time of the interview and, thereafter, a panel was prepared and as per the order dated 6.10.1998, he was promoted on the post of Assistant Branch Manager (Sales) and he was given posting order as Assistant Branch Manager (Sales), Jaitaran. In pursuance to the order dated 14.10.1998, the petitioner joined as Assistant Branch Manager (Sales) at Jaitaran on 24.10.1998. The petitioner continued to work on the post of assistant branch manager when he was served with a communication dated 20.10.1999 in exercise of powers conferred in regulation 16(2) of the Regulations 1960 reverting him to the post of Development Officer from the post of Assistant Branch Manager (Sales). Aggrieved against the said order of reversion, the present writ petition has been filed.
(3.) IN reply thereto, the respondent had submitted that when an employee is promoted to higher post, he is treated on probation for a period of one year and the competent authority may in its discretion, extend such probation upto one year. The regulation provides that the employer can revert an employee on probation without giving any notice and such reversion by invoking 16(2) of the Regulations of 1960 cannot be termed as imposing punishment. Is is also contended that two half yearly confidential reports were called from the Reporting and Reviewing Officers of the petitioner for the period from 24.10.1998 to 23.4.1999 and 24.4.1999 to 23.10.1999 because his performance and conduct as Assistant Branch Manager (Sales) was not satisfactory.;