THE STATE OF PUNJAB Vs. INDER SAIN SHARMA

JUDGEMENT

(1.) IN this appeal under clause 10 of the Letters Patent by the State of Punjab from the order, dated February 16, 19' -b, of a learned Single Judge, the facts are not really in dispute.

(2.) THE respondent, Indar Sain Sharma, having been recruited as a Prosecuting Sub Inspector in the former Patiala State was promoted as an officiating Prosecuting Inspector on December 31, 1947, in that State. On August 20, 1948, was formed the Patiala and East Punjab States Union (Pepsu for brief) and the former Patiala State was one of the Covenanting States. On August 7, 1949, a provisional seniority and integration list of the Police Department in Pepsu was published in the Official Gazette. In the beginning of the notification it was stated The ad hoc committee appointed for the integration of non -gazetted officers of the Police Department has approved the following police officers as non gazetted officers of the Patiala and East Punjab States Union. This list should be considered to be in accordance with the seniority but will be provisional. Any Government servant aggrieved with this list should appeal to the Chief Secretary to Government. The final list of seniority shall be published later on decision of appeals by the Chief Secretary." In the list those shown up to serial No. 21 were described as Inspectors of Police and those from Nos. 22 to 31 as officiating Inspectors the respondent's name appeared at serial No. 2a and thus he was shown in that list as an officiating Inspector. Subsequently on a reference by the Education and Health Department to the Home Department of the Pepsu Government with regard to the position of temporary and officiating Government servants, on January 15, 1951, the Home Department of the Pepsu Government conveyed this decision of the Government on the subject "Kindly refer to your endorsement No. H/310/07/77, dated 3rd January 1951, regarding position of temporary and officiating Government servants of the Covenanting States who were working against permanent posts and have been integrated in Union Service. I am directed to inform you that integration means absorption in permanent service of the Union and as such no specific orders for their confirmation are required." If at. the end of this communication these words -"as such no specific orders for their confirmation are required" -were not there, an argument might have been open that this communication did not amount to an order of the Pepsu Government confirming the temporary and officiating Government servants integrated in the service of Pepsu Government, but those words leave no manner of doubt that on integration in the service of the Pepsu Government temporary and officiating Government servants of the Covenanting Stales became confirmed and no specific and separate orders were required in the Departments concerned for confirmation of such Government servants. This order of the Pepsu Government was not confined to the Education and Health Department only but was sent to all the Departments in the Secretariat. It, therefore, also applied to the Police Department of the Pepsu Government. It has not been denied that the respondent was officiating against a permanent vacancy in the former Patiala State and continued to do so in Pepsu also.

(3.) ON 29th April, 1954, the respondent was reverted to his substantive position as prosecuting Sub Inspector with effect from 1st May, 1954. He was then sent to Phillaur Police Training school to under go training in the course for Prosecuting Sub Inspectors. In an examination he was found copying. On that followed an enquiry and as a result of that the Inspector General of Police, Pepsu, on 2nd June, 1955, ordered forfeiture of his three years' approved service towards increments on a permanent basis. The order further said that the respondent was to remain reverted to the rank of Prosecuting Sub -Inspector till such time as he established his claim to promotion by patting in good work.