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august 1963

Supreme Court of India · 1963-08-27

P. C. WADHWA vs UNION OF INDIA & ANR.

Citation / case number
SC 1962/151
Court
Supreme Court of India
Petitioner
P. C. WADHWA
Respondent
UNION OF INDIA & ANR.
Author
DAS, S.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKARR.
Bench
DAS, S.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the reversion of the appellant from the senior time-scale to his substantive post amounted to a reduction in rank under Article 311(2) of the Constitution of India, as he was not given an opportunity to show cause against the order. The Court emphasized that a member of the Indian Police Service has a right to be promoted to a senior scale post when a vacancy arises, provided no senior officer is available. The Court ruled that the reversion was not justified and violated the principles of natural justice, thus allowing the appeal and setting aside the High Court's decision.

P. C. WADHWA vs UNION OF INDIA & ANR. · Niyam