Supreme Court of India · 1961-12-12
THE STATE OF BOMBAY vs F.A.ABRAHAM
- Citation / case number
- SC 1961/131
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BOMBAY
- Respondent
- F.A.ABRAHAM
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that reversion from an officiating post does not amount to punishment under Section 240(3) of the Government of India Act, 1935, as it is based on the implied term of suitability. The Court disapproved the precedent set in M. A. Waheed v. State of Madhya Pradesh, asserting that reversion for unsatisfactory work is not a reduction in rank. The refusal to provide reasons for reversion does not imply punitive action, and the Government retains the right to assess the suitability of an officiating officer.