# S. P. VASUDEVA v. STATE OF HARYANA & ORS

- **Citation:** [1976] 2 S.C.R. 184
- **Court:** Supreme Court of India
- **Decided:** 1975-10-08
- **Case number:** Civil Appeal No. 640 of 1973
- **Bench:** A. Alagiriswami, P. K. Goswami, N. L. Untwalia
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/s-p-vasudeva-v-state-of-haryana-ors-6703
- **Pages:** 5

## Headnote

Constitution of India-Art. 3 ! !-Appoi11111~cnt on "ad hoc basis" against
a tenure post-Reversion to the parelll office on the ground of unsuitability
for the post-Order of reversion not mea/lf as a measure of punfshment.
The appellant, an Assistant in the P.W.D. office was appointed on 10-2-72
against a tenure. post of a Legal Assistant in the office of the Deputy Commissioner, Kamal on an "ad hoc'' basis.
Finding him unsuitable to the post,
on an assessment of his work, he was reverted to his parent office on 27-4-f"/2.
The order of reversion was challenged as violative of Art. 311 of the Consti•
tution by a Writ Petition. which was dismissed "in limine".
On an appeal by special leave. the Court
HELD ·. (i) Whether the appointment, was "ad hoc" or temporary the
appellant had no right to the post from which he was reverted.
[186F]
(ii) The order was not meant as a measure of punishment as it was passed
on the ground of unsuitability to the post. [186 G] .
(iii) Where an order of reversion, of a person who had no right to the
post does not show "ex-facie" that he was being reverted as a measure of
punishment or does1 not cast any stigma on him, the courts will not normally go
behind that order to see, if there were any motivating factors behind that
order.
[i87 DJ
OBITER :
E
The theory whether the reversion to a lower post, of a probationer in a
higher· post or the discharge of a probationer the temporary servant, was
meant as a punishment leads to a very peculiar situation and the whole posi•
tion in Jaw is rather confusing. It is time that the whole question was considered "de nova" and it would be better for . all concerned to avoid litigation
if it should be held that the reversion of a probationer from a higher to a
lower post or the discharge of a probationer. or the discharge from service
of' a temporary servant cannot be questioned except on the basis of "ma/a
F
fide'' in the making of the order.
[187 F-G, 188 B-C]

## Text

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184
S. P. VASUDEVA
v.
STATE OF HARYANA & ORS.
October 8, 1975
[A. ALAGIRISWAMI, P. K. GOSWAMI AND N. L. UNTWALIA, JJ.]
Constitution of India-Art. 3 ! !-Appoi11111~cnt on "ad hoc basis" against
a tenure post-Reversion to the parelll office on the ground of unsuitability
for the post-Order of reversion not mea/lf as a measure of punfshment.
The appellant, an Assistant in the P.W.D. office was appointed on 10-2-72
against a tenure. post of a Legal Assistant in the office of the Deputy Commissioner, Kamal on an "ad hoc'' basis.
Finding him unsuitable to the post,
on an assessment of his work, he was reverted to his parent office on 27-4-f"/2.
The order of reversion was challenged as violative of Art. 311 of the Consti•
tution by a Writ Petition. which was dismissed "in limine".
On an appeal by special leave. the Court
HELD ·. (i) Whether the appointment, was "ad hoc" or temporary the
appellant had no right to the post from which he was reverted.
[186F]
(ii) The order was not meant as a measure of punishment as it was passed
on the ground of unsuitability to the post. [186 G] .
(iii) Where an order of reversion, of a person who had no right to the
post does not show "ex-facie" that he was being reverted as a measure of
punishment or does1 not cast any stigma on him, the courts will not normally go
behind that order to see, if there were any motivating factors behind that
order.
[i87 DJ
OBITER :
E
The theory whether the reversion to a lower post, of a probationer in a
higher· post or the discharge of a probationer the temporary servant, was
meant as a punishment leads to a very peculiar situation and the whole posi•
tion in Jaw is rather confusing. It is time that the whole question was considered "de nova" and it would be better for . all concerned to avoid litigation
if it should be held that the reversion of a probationer from a higher to a
lower post or the discharge of a probationer. or the discharge from service
of' a temporary servant cannot be questioned except on the basis of "ma/a
F
fide'' in the making of the order.
[187 F-G, 188 B-C]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 640 of 1973 .•
Appeal by special leave from the Judgment and Order dated the
21st July 1972 of the Punjab & Haryana High Court in Civil Writ No.
1454 of 1972.
..
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G
C. K. Daphtary, N. H. Hingorani and Mrs. K. Hingorani for the
,. .,j
Appellant.
"
,
M. C. Bhandare, R. N. Sachthey and M. N. ShroJ] for
Respondents Nos. 1-6 and 8-11.
,
The Judgment of the Court was delivered by
H
ALAGIRISWAMI, J.
This 'is an appeal against the
judgment of
the Punjab & Haryana High Court dismissing in limine the appellant's
writ petition for quashing an order reverting him from the
post of
Legal Assistant in the office of the Deputy Commissioner, Kamal to
j
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s. p, VASUDEVA v. HARYANA (Alagiriswami, J.)
185
his parent office.
The appellant was working originally as an Assistant in the office of the Chief Engineer, P.W.D., Irrigation Branch,
Haryana at Chandigarh.
On 8th October 1971 the Legal Remembrancer and Secretary to Government, Legislative Department, Haryana wrote a letter to all administrative departments and Heads of
Departments in the State informing them that it had been decided to
fill in some posts in the Law Department by selection of qualified candidates from amongst the Government servants
working in · other
departments and that for the present the tenure of those posts was
one year only and the candidates would be appointed on an ad hoc
basis.
In pursuance of that letter the appellant applied for the post
and he was appointed on 10th February 1972 as Legal Assistant on
ad hoc basis in the office of the Deputy Commissioner, Hissar.
He
was transferred to the office of the Deputy Commissioner, Kamal on
February 17, 1972.
As already stated, he was reverted to his parent
office on the 27th of April, 1972.
To the writ petition questioning his reversion he impleaded
the
following as parties :
1. State of Haryana through the Legal Remembrancer
and Secretary to Government, Law and Legislative
Department.
2. ·The Secretary to Government
of Haryana,
Local
Government Department.
3. The Advocate General of Haryana.
4. The Deputy Advocate General of Haryana.
5. The District Attorney, Kamal.
6. Mr. G. L. Nanda, M.P. and Chairman, . Kurukshetra
Development Board.
7. The Secretary, Kurukshetra Development Board.
8. Mr. Pritam Singh Jain, Advocate.
9. Mr. H. V. Goswami, Deputy Commissioner, Kamal.
10. The Office Superintendent, Dy. Commissioner's Office,
Kamal.
11. The Chief Engineer, P.W.D., Irrigation Works, Haryana, Chandigarh.
The appellant alleged in the writ petition that the order of reversion
• \Vas the outcome of a conspiracy of respondents No. 2, 4, 5, 7, 8 and
10.
The circumstances which led to his reversion seem to be
as
•
follows: There was a writ petition No. 707 of 1972 against the
Kurukshetra Development Board of which Mr. G. L. Nanda, M.P.,
was the Chairman.
The appellant sent a report to Mr. Nanda making insinuations against certain officers including the Secretary of the
Kurukshetra Development Board.
He also went and met Mr. Nanda
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SUPREME COURT REPORTS
[1976] 2 S.C.R,
in person without the directions or the permission of the Deputy Commissioner of Kamal under whom he was working.
The Deputy Advovate General wrote to the Secretary of the Law Department that the
appellant's work was not only perfunctory but below average. Thereupon the Secretary spoke to the Deputy Commissioner, Kamal to find
out his views about the performance of the appellant and the Deputy
Commissioner told him that he was dissatisfied with the work and performance of the appellant. It is on these grounds that the reversion
was made.
In his counter affidavit the Secretary of the Law Department stated
that the appellant had been reverted on account of his poor performance as Legal Assistant and denied the allegation
of conspiracy
made by the appellant.
The Advocate General filed a counter affidavit denying that the appellant had brought to his notice the damaging portion of the counter-affidavit filed on behalf of Mr. Nanda in
writ petition No. 707 of 1972.
Mr. Lamba, Deputy Advocate General denied that the impugned order was made on the basis of his personal grudge against the appellant.
The main allegation which the
appellant made in respect of the counter-affidavit filed by Mr. Nanda
was that the counsel fQr the Board, that is, Mr. P. S. Jain, and the
Secretary of the Board had colluded to the detriment of the Board in
submitting the counter-affidavit.
The Deputy Advocate General in
his counter affidavit has quoted a portion of the counter-affidavit prepared by the appellant in that writ petition which undoubtedly shows
the appellant's poor knowledge of law.
The Deputy Advocate General seems to have felt that the appellant was unnecessarily running to
Mr. G. L. Nanda and without rhyme or reason criticising the countcraffidavit and making allegations against Mr. P. S. Jain, counsel for the
Board and the Secreary of the Board, and that he was acting beyond
the scope of his activities as a Legal Assistant in the office of the
Deputy Commissioner, Kamal and was over-reaching
the
Deputy
Commissioner.
The appellant was appointed on an ad hoc basis.
It may not be
a correct use of the phrase 'ad hoc' because he was not appointed for
special or particular purpose, ·so that it could be said that till that pur- .
pose was over he could not be discharged.
The phrase seems to have
been used in the sense of 'temporary'.
Whether the appointment of
the appellant was ad hoc or temporary it is clear that he had no right
to the post from which he was reverted. The allegation of conspiracy
or grudge has clearly not been made out nor was it pressed before
us.
What was urged was that even temporary Government servants
are entitled to the protection of Article 311 if the order of reversion
was passed against them as a measure of punishment. We are s~tis
fied that in this case the order was not meant as a measure of pumshment. It was passed on the ground that the appeI!ant was unsuitable
for the post. We have already referred to the fact that the countcraffidavit prepared by the appellant showed a very poor knowle?gc of
law on the part of the appellant.
We agree with the content10n of
the Deputy Advocate General in his
counter-affidavit
that
the
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s. P. VASUDEVA v. HARYANA (Alagiriswami, J.)
187
appellant was unnecessarily running to Mr. G. L. Nanda and was
over-reaching the Deputy
CoDllllissioner.
The appellant was only
an Assistant to the Deputy Coilllllissioner and he had no business to
go and see Mr. Nanda without either the Deputy Commissioner's instructions or his permission.
The Deputy Advocate General states
that the appellant made, reckless allegations against the Secretary of
the Kurukshetra
Development
Board and its
advocate Mr. Jain
because after checking up with the records he did not find anything
wrong with the counter-affidavit already prepared in the writ petition
No. 707.
The Depu~ Advo.cate General took the view that the
appellant's work was not only perfunctory but below average.
The
Deputy Commissioner also was dissatisfied with the appellant's work
and performance. The appellant's reckless allegation of a conspiracy
amongst respondents No. 2, 4, 5, 7, 8 and 10 throws a flood of light
on his mentality. We are not surprised that the authorities concerned
did not consider the appellant fit and proper person to be continued
in service.
We may in this connection point out that where a!l
order
of reversion, as in the present case, of a person who bad· no right to
the post, does not show ex facie that he was being reverted as
a
measure of punishment or does not cast any stigma on him, th.i: Courts
will not normally go behind that order to see if there were any motivating factors behind that order.
Certain cases of this Court have
taken that view.
Certain other cases have taken the view that
it
is open to the Court to go behind the order and find out if it was
intended as a measure of punishment and if so whether the formalities
necessary have not been followed.
In cases where enquiries have
been held before orders of reversion of a probationer to his former
lower post or discharge of a probationer or discharge from service
of a temporary servant were passed, certain decisions have taken
the view that where the enquiry was held in order to find out the
suitability of the official concerned the . order would not be vitiated.
]n certfan other cases it has been held that the enquiry was held with
a view to punish and as the enquiry did not satisfy the requirements
of Article 311 the punishment was bad. It appears to us that this
theory as to whether the reversion to a lower post of a probationer
in a higher post, or the discharge of a probationer, or the discharge
from service of a temporary servant was meant as a punishment
leads to a very peculiar situation.
After all, if such an order gives
no reasons the Court will not normally interfere l;>ecause ex f acie there
is nothing to show that the order was intended as a punishment.
But if the superior· official dealing with that case, in order to satisfy
himself whether the official concerned could be continued in service,
makes enquiries or holds enquiries there is the risk of its being held
that the enquiry was really intended for the purpose of punishment.
'Thus a bona fide attempt to decide whether the official concerned
should be continued leads to this risk.
There could be no greater
punishment than discharge from service and it makes little difference
to llie Government servant whether he is simply discharged or distha.rged after an enquiry to ft11g 9\It bis suitability. Therefore, if a
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simple discharge from service is upheld but a discharge after the
superior official concerned satisfies himself about the official's fitness
to be continued further in service is not upheld on the ground that
•
the order was intended as a punishment it is a curious
situation.
After all no Government servant, a probationer or temporary, will be
discharged or reverted, arbitrarily, without any rhyme or reason. If
"
the reason is to be fathomed in all cases of discharge or reversion, it
will be difficult to distinguish as to which action is discharge or
reversion simpliciter and which is by way of punishment. The whole
~
position in law is rather confusing.
We think it is time that the whole
questiodn was considered de nova and it would be better for all concern-
'.
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avoid a lot of avoidable litigation if it should be held that
the reversion of a probationer from a higher to a lower post, or the
discharge of a probationer, or the discharge from service of a temporary servant cannot be questioned except on the basis of mala fides in
the making of the order. This Court will not be burdened with a lot
of work of a kind about which the feeling of almost al! the Judges has
been that it is better that they do not come to this Court.
The appeal is dismissed without costs.
S.R.
Appeal dismissed.
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