Research › Browse › Judgment

Bombay High Court · body

1988 DIGILAW 364 (BOM)

Baburao Laxman Patil v. State of Maharashtra & others

1988-10-28

B.LENTIN, S.W.PURANIK

body1988
JUDGMENT - B. LENTIN, J.:---On 6th July, 1955 the petitioner joined the police force. On 1st September, 1960 he was promoted to the post of Head constable. On 12th September, 1979 he was promoted to the post of PSI. 7½- years later, by an order dated 12th March, 1987, he was reverted to the post of Head Constable with immediate effect. The petitioner's representation dated 9th June, 1987 evoked no response. Hence the present petition for setting aside the reversion order 12th March, 1987. 2. There is considerable force in the petitioner's grievance that the principles of natural justice have been violated inasmuch as the impugned reversion order was passed without giving him a hearing and without any reason being stated in the order for the reversion. 3. No affidavit-in-reply has been filed. However, the respondents learned Counsel Mr. Patil assails an explanation, such as it is, across the Bar that the petitioner's reversion was by reason of the fact that he had been promoted to the post of PSI merely in an officiating capacity which post he occupied for seven and a half years. To start with, there is nothing on record to lend verisimilitude to this ipse dixit assailed across the Bar. Further, if what Mr. Patil says is correct, then pray, why was it necessary to pass an order of reversion, much less is it even faintly suggested in the reversion order that the petitioner was merely officiating as PSI. 4. Mr. Patil now says that the reversion was due to the fact that the petitioner had not passed his departmental examination. In that even greater the reason why this should have been stated in the reversion order so as to enable the petitioner either to pass the departmental examination or to have recourse open to him under the law and rules. 5. Looked at any way, the impugned reversion order violates the principles of nature justice and must be set aside. 6. It is so ordered. The respondents are directed to give to the petitioner all the benefits to which he would have been entitled as P.S.I. and the impugned reversion order not been passed. 7. The rule is made absolute accordingly with costs. Rule made absolute. -----