Judgment

SARKAR, J.: This is an appeal by the State of Maharashtra against the judgment of the High Court at Nagpur confirming the decree of the Additional District Judge, Nagpur, declaring that the order reverting the respondent from the rank of officiating Deputy Superintendent of Police to the rank of Inspector of Police, was illegal and void, and granting certain consequential reliefs.

2. The judgments of the High Court and the learned Additional District Judge seem to us to be clearly unsustainable. The Courts below held that the respondent had been reduced in rank in violation of the terms of S. 240(3) of the Government of India Act. 1935, which corresponds to Art. 311 of the Constitution, inasmuch as he was not given an opportunity to show cause against the order proposed to be made. It is not in dispute that the opportunity had not been given. In our view, however, for reasons to be presently stated, the respondent was not entitled to that opportunity.

3. On June 8, 1948, the respondent was holding the post of Inspector in the Central Provinces and Berar Police Service. He was appointed to officiate as Deputy Superintendent of Police with effect from June 9, 1948.

On January 27