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july 1974

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.

G. S. GILL AND ORS. vs THE STATE OF PUNJAB & ORS. · Niyam