S. P. VASUDEVA versus STATE OF HARYANA & ORS.

S. P. VASUDEVA versus STATE OF HARYANA & ORS.

The appellant had no right to the post of Legal Assistant as his appointment was ad hoc/temporary. The order of reversion did not cast any stigma or constitute a measure of punishment, and therefore did not violate Article 311. Allegations of conspiracy or mala fides were not substantiated.

Parties
Appellant: S. P. Vasudeva; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
08 October 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dismissing Writ Petition in Limine
Outcome
Appeal dismissed without costs.
Legal Topics
Reversion to Parent Department, Appointment on Ad Hoc/temporary Basis, Article 311 Protection, Punishment in Service Law
Constitutional Law Service Law Reversion to Parent Department Appointment on Ad Hoc/temporary Basis Article 311 Protection Punishment in Service Law

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Parties

S. P. Vasudeva

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dismissing Writ Petition in Limine

Legal Issues

  1. 1 Whether reversion from a tenure post on ad hoc basis constitutes punishment under Article 311 of the Constitution of India
  2. 2 Whether the appellant had any right to the post from which he was reverted
  3. 3 Whether the order of reversion is vitiated by mala fides or amounts to a measure of punishment

Ratio Decidendi

The appellant had no right to the post of Legal Assistant as his appointment was ad hoc/temporary. The order of reversion did not cast any stigma or constitute a measure of punishment, and therefore did not violate Article 311. Allegations of conspiracy or mala fides were not substantiated.

Court Disposition

Appeal dismissed without costs.

Orders

  • Appeal dismissed.