K. H. PHADNIS vs STATE OF MAHARASHTRA

The Supreme Court held that the reversion of the appellant from a temporary post to his substantive post constituted punishment under Article 311 of the Constitution, as it was not based on the abolition of the temporary post or unsuitability. The Court emphasized that the circumstances surrounding the reversion indicated it was punitive, particularly given the lack of inquiry completion and the absence of any legitimate administrative reasons for the action. The Court ruled that the order of reversion was invalid and violated the appellant's constitutional rights, thereby allowing the appeal.