Punjab & Haryana High Court, Chandigarh
Citation(1997) 10 SCC 576
CourtSupreme Court of India
Date5 November 1997
Year1997
BenchS.B. Majmudar, M. Jagannadha Rao JJ.
Acts/ArticlesArticle 311, Article 14
CategoryService & Employment Law

Key Principle Established

Reversion from a higher post to the lower cadre is not a punishment if the employee held the higher post only in an officiating or temporary capacity. The employee has no vested right in the higher post.

Brief Facts

A government servant holding a higher post in officiating capacity was reverted to his substantive post. He challenged this as a reduction in rank amounting to punishment without inquiry under Article 311(2).

Ratio Decidendi

The Court held that reversion of an officiating employee to the substantive post is not a punishment. Since the employee had no right to the higher post, reversion is merely a return to the post to which he belongs. Article 311(2) protection applies only when there is a reduction in rank as punishment.

Impact & Significance

This judgment clarified the important distinction between reversion and reduction in rank, frequently arising in government service disputes.

Tags & Related Topics

Service & Employment Law Article 311 Article 14
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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