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Madhya Pradesh High Court · body

1977 DIGILAW 641 (MP)

RAM MANOHARLAL SHRIVASTAVA v. CHIEF CONSERVATOR OF FORESTS M P

1977-12-09

A.R.NAVKAR, SHIV DAYAL

body1977
JUDGMENT : ( 1. ) THE petitioner has filed this petition for issuance of a writ in the nature of certiorari for quashing the order dated 21-2-1972 (Annexure A)passed by the Chief Conservator of Forests, Madhya Pradesh. ( 2. ) THE facts leading to the petition are that the petitioner held a post carrying the scale of Rs. 170-170 178-6-190-EB-6-190eb-6-220-10-240-240-EB-12 1/2-315 per month. It is said that he bad crossed the first efficiency bar and he was getting Rs 240 per month on 1-11-1961. On 1-11-1961, he was at the stage of crossing the second efficiency bar. The petitioner was confirmed on the post of Forest Ranger with effect from 1-9-1950. His grievance before us is that even though a report for crossing his efficiency bar was duly prepared for submitting to the superior officers and it was, in fact, duly submitted; but, inspite of this, no action was taken in the matter and in the end, on 21-2-1972, the petitioner was not allowed to cross the second efficiency bar. This order is marked as Annexure A in the petition, which the petitioner wants to be quashed being illegal and contrary to the instructions of the State Government. ( 3. ) TO this, the reply of the non-petitioner State Government is that the work of the petitioner was not good and satisfactory and so he was not allowed to cross the efficiency bar. Secondly, it was submitted that order regarding the crossing of efficiency bar rather depends on the satisfaction of the competent authority and specific reasons are required to be given by the authority concerned. In the order (Annexure-A) specific reasons are given. Secondly, it is submitted that crossing of efficiency bar being a discretionary matter depending on the will and satisfaction of the competent authority and that being not a penalty, no statutory right can be claimed by the petitioner and as such this writ cannot lie. ( 4. ) WE may refer rule 10 of the Madhya Pradesh Civil Service (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the Rules)and Fundamental Rule 25. ( 4. ) WE may refer rule 10 of the Madhya Pradesh Civil Service (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the Rules)and Fundamental Rule 25. Rule 10 of the Rules runs as under : "10-Penalties:- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-Minor penalties:- (i) Censure; (ii) Withholding of his promotion; (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of order; (iv) withholding of increments or pay; major penalties:- (v) reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not, the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay; (vi) reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service; (vii) compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the Government; (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government: provided that a Government servant shall not be reduced to a service, grade, or post lower than that to which he was appointed at the time of his entry in Government service. Explanation.- The following shall not amount to penalty within the meaning of this rule, namely: (i) withholding of increments of pay of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment; (ii) stoppage of a Government servant at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (iii) non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case to a service, grade or post for promotion to which he is eligible; (iv) reversion of a Government servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct; (v) reversion of a Government servant, appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation; (vi) replacement of the service of a Government servant, whose services had been borrowed from the Union Government or any other State Government or an authority under the control of any Government, at the disposal of the authority from which the service of such Government servant had been borrowed; (vii) compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement; (viii) termination of the services: (a) of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or (b) of a temporary Government servant appointed until further orders on the ground that his services are no longer required; or (c) of a Government servant, employed under an agreement, in accordance with the terms of such agreement. " ( 5. ) FROM the rule as quoted above, it would be clear that such stoppage of efficiency bar will not amount to a penalty. ( 6. ) RULE 25 of the Fundamental Rules runs as under : "f. R. 25. " ( 5. ) FROM the rule as quoted above, it would be clear that such stoppage of efficiency bar will not amount to a penalty. ( 6. ) RULE 25 of the Fundamental Rules runs as under : "f. R. 25. Sanction to cross efficiency bar-Where an efficiency bar is prescribed in a time scale, the increment next above the bar shall not be given to a Government servant without the specific sanction of the authority empowered to withhold increments. " Reading these two rules together it is beyond doubt that unless there is specific satisfaction of the authority, the efficiency bar cannot be removed and removal of the efficiency bar depends on the satisfaction of the competent authority. This being the position, it cannot be said that any right of the petitioner is violated. Therefore, we are of the opinion that the writ prayed for by the petitioner for quashing the order dated 21-2-1972 (Annexure A) cannot be granted. ( 7. ) SECOND aspect of this case is that when on 1-11-1961, his efficiency bar was not removed, the petitioner had a cause of action to complain. From 1961 to 1971, he kept silent and came before this Court on 17th April, 1973. The petitioner has nowhere explained this delay. The period is long one. ( 8. ) AS there are no grounds to interfere in the order passed by the Chief conservator of Forests (Annexure A), the petition fails and is dismissed. We make no order as to costs. The outstanding amount of security, if any, shall be refunded to the petitioner. Petition dismissed.