R. S. SIAL versus THE STATE OF U.P. & ORS

R. S. SIAL versus THE STATE OF U.P. & ORS

The order of reversion did not cast any stigma or aspersion and reverted the appellant to his substantive post. The reversion was motivated by pending inquiry but was not the foundation of punishment; thus Article 311(2) was not attracted and requirements thereof did not need to be complied with.

Parties
Appellant: R. S. Sial; Respondents: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
25 March 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 12th January, 1971 of the Allahabad High Court (lucknow Bench) in Writ Petition No. 1073 of 1968
Outcome
Appeal dismissed
Legal Topics
Article 311(2) Reversion From an Officiating Post, Punishment Requirements Under Article 311, Principles of Natural Justice
Constitutional Law Service Law Article 311(2) Reversion From an Officiating Post Punishment Requirements Under Article 311 Principles of Natural Justice

Case Brief

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Parties

R. S. Sial

Appellant

State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 12th January, 1971 of the Allahabad High Court (lucknow Bench) in Writ Petition No. 1073 of 1968

Legal Issues

  1. 1 Whether reversion from an officiating higher post to substantive post attracts Article 311(2)
  2. 2 Whether the order of reversion amounted to punishment requiring compliance with Article 311

Ratio Decidendi

The order of reversion did not cast any stigma or aspersion and reverted the appellant to his substantive post. The reversion was motivated by pending inquiry but was not the foundation of punishment; thus Article 311(2) was not attracted and requirements thereof did not need to be complied with.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.
  • Application for taking on record additional documents in appeal is rejected.