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november 1973

Supreme Court of India · 1973-11-22

STATE OF UTTAR PRADESH & ORS. vs SUGHAR SINGH

Citation / case number
SC 1971/60212
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH & ORS.
Respondent
SUGHAR SINGH
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the reversion of a temporary government servant to a lower substantive post does not necessarily violate Article 311 of the Constitution unless it constitutes a reduction in rank. The Court clarified that if the officer has no right to the higher post, reversion is permissible without attracting Article 311, provided it does not carry punitive implications. In this case, the reversion of the respondent from Platoon Commander to Head Constable was upheld as it did not involve any stigma or penal consequences, thus affirming the High Court's decision to quash the reversion order.

STATE OF UTTAR PRADESH & ORS. vs SUGHAR SINGH · Niyam