Case Note & Summary
The case involved an appeal by a Tehsildar who was reverted to his original post after being appointed as an Extra Assistant Commissioner on probation. The appellant was recruited in 1936 and promoted in 1945, but faced allegations of misconduct leading to a one-year increment stoppage. Following a series of events, including a transfer and a warning from the government, he was reverted to his original post without being provided reasons. The appellant challenged this action in the Punjab High Court, which initially ruled in his favor, stating that the reversion was punitive and violated Article 311(2) of the Constitution. However, this decision was reversed by a Division Bench of the High Court, which held that the appellant was still a probationer and thus not entitled to the protections under Article 311. The Supreme Court, upon reviewing the case, found that the reversion was indeed punitive and not in the ordinary course of service. The court noted that the government had not complied with the necessary procedural requirements, and the lack of reasons for the reversion indicated malafide intent. Consequently, the Supreme Court allowed the appeal, quashed the reversion order, and directed the government to pay costs.
Headnote
A) Constitutional Law - Government Service - Reversion as Punishment - Article 311(2) of the Constitution - The court held that the reversion of the appellant was a punitive action without compliance with the procedural safeguards of Article 311(2), rendering it illegal. The government failed to provide reasons for the reversion, indicating malafide intent and a desire to punish the appellant for alleged misconduct (Paras 1-2).
Issue of Consideration
Whether the reversion of the appellant from the post of Extra Assistant Commissioner to Tehsildar was by way of punishment and whether it violated Article 311(2) of the Constitution.
Final Decision
The Supreme Court allowed the appeal, quashed the order of reversion dated May 28, 1952, and directed the government to pay costs.
Law Points
- Constitutional protection
- Government service
- Probationary status
- Reversion
- Malafide action
