Supreme Court of India · 1974-07-30
G. S. GILL AND ORS. vs THE STATE OF PUNJAB & ORS.
- Citation / case number
- SC 1970/60056
- Court
- Supreme Court of India
- Petitioner
- G. S. GILL AND ORS.
- Respondent
- THE STATE OF PUNJAB & ORS.
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court held that reversion from an officiating post does not constitute dismissal or removal under Article 311 of the Constitution, as a person acquires a right to a post only upon substantive appointment. The Court clarified that appointments made under Rule 9 of the Indian Administrative Service (Cadre) Rules are in an officiating capacity, and thus, the appellants' reversion did not attract the protections of Article 311. The appeal against the Punjab and Haryana High Court's dismissal of the writ petition was therefore rejected.