JAGDISH PRASAD SHASTRI vs STATE OF U.P. & ORS.

The Supreme Court held that the High Court's dismissal of the appellant's writ petition on the grounds of disputed questions of fact was unjustified, as it failed to consider the appellant's claim of substantive promotion under Article 311(2) of the Constitution. The Court emphasized that if a promotion was substantive, the subsequent reversion without an opportunity to show cause violated constitutional protections. The Court ultimately ruled in favor of the appellant, indicating that the impugned order was liable to be struck down for contravening Article 311(2).