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1972 (7) TMI 106 - SC - Indian Laws

Issues:
Appeal against reversion orders, violation of Article 311 of the Constitution, representation to Advisory Committee, misuse of power in reversion orders, discrimination under Articles 14 and 16 of the Constitution, working as wireless operators despite reversion.

Analysis:
The State of Mysore appealed to the Supreme Court against a Division Bench judgment of the Mysore High Court, which allowed three connected Writ petitions challenging reversion orders. The reversion orders were passed just before the respondents were allotted to the State of Mysore under the State Reorganisation Act of 1956. The respondents contended that the reversion orders amounted to punishment in violation of Article 311(2) of the Constitution. The High Court found that the reversion was ordered for extraneous reasons and resulted in discrimination against the respondents under Articles 14 and 16 of the Constitution. The High Court quashed the reversion orders partially due to collateral purposes and discrimination.

The High Court held that the reversion orders were based on an erroneous belief that all police officers from certain districts must be sent to Mysore, leading to a misapplication of power. The authorities in Bombay made reversion orders without legal authority to assess the needs of Mysore. It was found that the reversion aimed to create vacancies for less meritorious officers, indicating a misuse of power. The High Court concluded that the reversion was not utilized for its intended purpose, thus constituting an exercise for an extraneous purpose.

Furthermore, the High Court determined that the reversion orders resulted in unjustifiable discrimination under Articles 14 and 16 of the Constitution. The respondents were denied opportunities that less meritorious and junior officers obtained in the State of Bombay. Despite being allotted as constables in Mysore, the respondents continued to work as wireless operators due to their proficiency. The High Court directed that the respondents should be treated as wireless operators, and their allotment to Mysore remained intact.

In conclusion, the Supreme Court dismissed the appeals, upholding the High Court's decision. The Court found no grounds for interference, affirming the quashing of the reversion orders while maintaining the respondents' status as wireless operators in Mysore. The State of Mysore failed to demonstrate any error in the High Court's findings regarding the misuse of power and discrimination in the reversion orders.

 

 

 

 

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