APPAR APAR SINGH versus THE STATE OF PUNJAB AND OTHERS

APPAR APAR SINGH versus THE STATE OF PUNJAB AND OTHERS

The order reverting the appellant from Punjab Education Service Class I (officiating) to Class II was based on the adverse findings and recommendations for punishment in an ex parte enquiry, making the reversion an order of punishment rather than a mere administrative move. Since no enquiry in terms of Article 311(2) was held, the order was in violation thereof and must be set aside.

Parties
Appellant: Apar Apar Singh; Respondents: The State of Punjab and Others
Jurisdiction
India
Judgment Date
03 December 1970
Procedural Posture
Civil Appeal / Appeal From Punjab High Court Judgment Dated July 21, 1966 in Letters Patent Appeal No. 346 of 1965
Outcome
Appeal allowed.
Legal Topics
Article 311 of the Constitution of India, Civil Service Reversion, Departmental Enquiry, Punishment in Service Law
Constitutional Law Service Law Article 311 of the Constitution of India Civil Service Reversion Departmental Enquiry Punishment in Service Law

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Parties

Apar Apar Singh

Appellant

The State of Punjab and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab High Court Judgment Dated July 21, 1966 in Letters Patent Appeal No. 346 of 1965

Legal Issues

  1. 1 Whether the order of reversion of the appellant from Punjab Education Service Class I (officiating) to Class II amounts to reduction in rank by way of punishment attracting Article 311(2) of the Constitution.

Ratio Decidendi

The order reverting the appellant from Punjab Education Service Class I (officiating) to Class II was based on the adverse findings and recommendations for punishment in an ex parte enquiry, making the reversion an order of punishment rather than a mere administrative move. Since no enquiry in terms of Article 311(2) was held, the order was in violation thereof and must be set aside.

Court Disposition

Appeal allowed.

Orders

  • Judgment and order of the Division Bench in Letters Patent Appeal No. 346 of 1965 set aside.
  • Judgment and order of the learned Single Judge dated September 9, 1965 in Civil Writ No. 1506 of 1964 restored.