LAWS(MPH)-1980-10-31

RAM KRISHNA TIWARI Vs. HIGH COURT OF JUDICATURE M P

Decided On October 09, 1980
RAM KRISHNA TIWARI Appellant
V/S
HIGH COURT OF JUDICATURE M P Respondents

JUDGEMENT

(1.) THIS is a petition under Article 226 read with Article 227 of the Constitution of India for quashing the order of the petitioner's reversion from the post of District and Sessions Judge to the post of Additional District and Sessions Judge.

(2.) SHORTLY put, the case of the petitioner is that he was appointed as a District and Sessions Judge (for short 'd. J. ') in substantive capacity by the Governor of Madhya Pradesh vide Order No. 3555-560-XXI-B, dated 31st January 1973, (Annexure P-l), published in the M. P. Rajpatra dated 30th March 1973. After his appointment, he worked as D. J. at Ambikapur. From there, he was transferred as D. J. to Jagdalpur. From Jagdalpur, it was on the basis of some complaints and reports that the petitioner was telegraphically and by wireless message transferred on 2 4-1978 to Bhind. There, the petitioner continued to function as D. J. till he was reverted to the post of Additional District and Sessions Judge (for short 'a. D. J. ') vide order (Annexure P-2) No. 12369/2-3-1 /78 (Part I), Jabalpur, dated 24th July, 1978, passed in accordance with an order (Annexure R-11/3) passed by respondent No. 2 on 7th June 1978. Hence, this petition.

(3.) THE facts and circumstances in which and the ground on which challenge to the impugned order has been given by the petitioner, are as under:-