Ultimately, the matter was heard by a Full Bench of the High Court.
Appeal by Special Leave from the Judgment and Order dated the 12th January, 1971 of the Allahabad High Court Lucknow Bench at Lucknow in Writ Petition No.
Representation was made by the appellant against the, order of his reversion but the representation too was rejected by the State Government as per letter dated October 7, 1968.
In appeal before us Mr. Gupte on behalf of the appellant has argued.
In the result the petition of the appellant was dismissed.
When the petition came up for hearing before a single Judge the learned Judge referred the matter to a larger Bench.
A number of grounds were set out in the petition for assailing the impugned orders, but at the hearing of the appeal only one ground has been pressed and it is only that ground with which we are companycerned.
According to the respondent State, the appellant companyld be reverted to his substantive post of Assistant General Manager without the State taking any disciplinary action or assigning any reason.
V. Gupte, J. P. Goyal and G. S. Chatterjee, for the appellant.
714/PAVS/67 Dated Lucknow, September 7, 1967 ORDER In pursuance of Governments instructions companytained is Deputy Secretary, Transports O. letter No.
N. Dikshit, and R. Bana for the respondents.
Objection was taken that the, present petition was barred because of the dismissal of the earlier petition.
According to the appellant, the order of his reversion was by way of punishment and as it bad been made without companyplying with requirements of article 311 of the Constitution, the same was liable to be quashed.
The petition was resisted by the State of Uttar Pradesh and the affidavit of Shri Bhagwan Sarup Saxena, Deputy Secretary to the Government in the Transport Department was filed in opposition to the petition.
The writ petition which has given rise to this appeal was thereafter filed by the petitioner praying for quashing the order by which he had been reverted from the post of Officiating General Manager to that of Assistant General Manager as well as the orders whereby his representation bad been rejected.
The learned Judges held that the present petition was barred because of the dismissal of the appellants earlier petition.
On merits it was stated that the appellant was merely officiating as a General Manager and had numberright to that post.
CIVIL APPELLANT JURISDICTION Civil Appeal No.
The appellant was appointed Traffic Manager in the transport organization of the State of Uttar Pradesh on July 21, 1948.
3167 of 1967 in the Allahabad High Court challenging the order of his reversion but the same was summarily dismissed by a Division Bench of that companyrt as per order dated September 12, 1967.
The Judgment of the Court was delivered by KHANNA, J. This appeal by special leave is directed against a Full Bench decision of the Allahabad High Court whereby petition under article 226 of the Constitution of India filed by the appellant was dismissed.
The appellant companytinued to officiate as General Manager of Government Roadways till September 7, 1967 when he was reverted to the post of Assistant General Manager.
On July 5, 1963 the appellant was appointed Officiating General Manager in the Gorakhpur region of the Transport Department.
The appellant filed writ petition No.
On December 1, 1955 the appellant was companyfirmed as Assistant General Manager with effect from April 1, 1955.
1073 of 1968.
The office of Traffic Manager was subsequently designated as Assistant General Manager and the appellant companytinued to work as such.
1062 of 1971.
