STATE OF BIHAR & ORS. vs SHIVA BHIKSHUK MISHRA

The Supreme Court held that the reversion of a police officer from the post of officiating Subedar-Major to Sergeant was invalid as it was made under circumstances that indicated punishment rather than administrative necessity, violating Article 311(2) of the Constitution. The Court clarified that the absence of express words of stigma does not preclude an order from being punitive if the surrounding circumstances suggest otherwise. The dismissal of the officer by a subordinate authority was also deemed invalid as it contravened the requirement that only the appointing authority could dismiss him.