Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Services and dismissals - Abolition of post - Post temporary and continued from time to time - Post abolished and incumbent reverted to parent department - Neither shown that the reversion was ordered for a collateral purpose nor for the ostensible purpose of abolishing an unnecessary post - Jurisdiction to interfere under Art. 226 of Constitution.Administrarive Law - Administrative Order - Person alleging mala fides to prove malus animus - Both direct and circumstantial evidence admissible to establish lack of bona fides or bad faith.The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. Jn May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and it was granted. Eventually when he reported for duty in June, 1953 he was informed that the offer made to him stood cancelled as he did not join in time and that the post had been filled by appointing someone else. He therefore rejoined the Government of India. In 1954 the State Service Commission again advertised the post stating that it was a temporary post but was likely to continue. The appellant was selected for the post and joined it on November 6, 1954. His period of probation was extended but he was not confirmed in the post. Eventually the State Government decided to abolish the post of Landscape Architect with immediate effect and the appellant reverted to his substantive post in the State service on November 4, 1958.The High Court dismissed the appellant's writ petition.In appeal to this Court it was contended on his behalf that (i) the order of premature abolition of the post was male fide in that it was the result of inordinate hostility of higher officers towards him; (ii) the discontinuance of the post was due to personal reasons because the higher officers were displeased with him for pointing out irregularities in incurring expenditure and (iii) the order abolishing the post was illegal because it denied the benefit of three months notice for termination of bis appointment. |
Judge | Hon'ble Mr. Justice P.N. Shinghal |
Neutral Citation | 1978 INSC 196 |
Petitioner | K.n.bahl |
Respondent | State Of Punjab & Ors. |
SCR | [1979] 1 S.C.R. 1089 |
Judgement Date | 1978-10-05 |
Case Number | 1836 |
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