Judgment

SHELAT, J - The respondent was at all material times a constable in the Punjab Police Service and was posted at Ambala. In November, 1960, he was served with a charge-sheet attributing to him arrogance towards his superior officers and indiscipline. A departmental enquiry was admittedly held in accordance with the procedure laid down therefor in the Punjab Police Rules, 1934. The said charges having been held to have been proved, an order followed forfeiting his entire service with permanent effect. This meant bringing down his salary to Rs. 45/- per month, which would be the salary payable to a constable at the starting point of his service. An appeal by him before the Deputy Inspector-General having failed, he filed a suit in the Court of Sub-Judge, Ambala

2. The suit was on the basis that the said order amounted to reduction in rank, that therefore, Article 311 (2) of the Constitution was attracted and that no show cause notice against the action proposed against him having been served upon him before the said order was passed, the order was vitiated and was bad. The Trial Court accepted this contention and decreed the suit. An appeal by the appellant-State failed as the