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TMI Blog1969 (4) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution. Appeal allowed - - - - - Dated:- 7-4-1969 - Judge(s) : V. RAMASWAMY., J. C. SHAH., A. N. GROVER JUDGMENT RAMASWAMI J.--This appeal is brought by special leave from the judgment of the Punjab High Court dated May 28, 1965, in Letters Patent Appeal NO. 192 of 1965. The respondent joined the income-tax department as an upper division clerk. He was confirmed as an upper division clerk with effect from December 1, 1949. On October 25, 1951, he was promoted as inspector of income-tax in an officiating capacity. On April 8, 1953, the respondent was " promoted to officiate until, further orders as Income-tax Officer class II, grade Ill." The order of the Commissioner of Income-tax dated April 8, 1953, is to the following eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of reversion dated May 22, 1964. It was contended on behalf of the respondent that the order of reversion was made by way of punishment and the provisions of article 311 of the Constitution were attracted and the procedure contemplated by that article should have been followed. The single judge allowed the writ petition by his judgment dated May 12, 1965, holding that the reversion of the respondent from the officiating position of Income-tax Officer, class II, to a lower position of officiating Inspector of Income-tax was tantamount to a reduction in rank and the respondent was entitled to the safeguards provided in article 311 of the Constitution. The appellants took the matter in appeal under the Letters Patent but the appeal was dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he will have to be reverted if his work was found unsuitable. In a case of this description a reversion on the ground of unsuitability is an action in accordance with the terms on which the officiating post is held and not a reduction in rank by way of punishment to which article 311 of the Constitution could be attracted. It is, of course, well-settled that temporary Government servants are also entitled to the protection of article 311(2) of the Constitution in the same manner as permanent Government servants if the Government takes action against them meting out one of the three punishments, namely, dismissal, removal or reduction in rank (see Purshotam Lal Dhingra v. Union of India). But this protection is only available where the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of article 311 of the Constitution are consequently attracted. This view is supported by the decision of this court in State of Bombay v. F. A. Abraham , in which the respondent who held the substantive post of Inspector of Police and had been officiating as the Deputy Superintendent of Police was reverted to his original rank of Inspector without being given any opportunity of being heard in respect of the reversion. His request to furnish him with reasons of his reversion was refused. Later, a departmental enquiry was held behind his back in respect of certain allegations of misconduct made against him in a confidential communication from the District Superintendent of Police to the Deputy Inspector-General of Police but these allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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