Judgment

RAY, J.: - This is an appeal by special leave from the judgment dated 30 June, 1966 and 4 and 5 July, 1966 of the High Court at Bombay reversing the judgment of the learned Single Judge dated 29 October, 1963.

2. The only question in this appeal is whether the order of the Government of Bombay dated 8 May, 1962 "repatriating" the appellant from the temporary post of Controller of Food Grains Department, Bombay to his parent Department of Excise and Prohibition amounted to a reduction in rank in violation of the provisions contained in Article 311 of the Constitution.

3. The appellant joined service as Sub-Inspector of Excise in the Excise and Prohibition Department of the Government of Bombay in the year 1938. He was thereafter selected for transfer to the Bombay City Police Department. In 1942 he was sent on "deputation" to the Civil Supplies Department as an Inspector. He continued to work in that department up to the month of February, 1955. By February, 1955 he had by various promotions become Rationing Officer which was a gazetted post and he was then drawing a salary of Rs. 530/- p. m. in the grade of Rs. 350-20-550. In 1955 there was decontrol of food-grains. The post was abolished. The appellant was reverted to the Excise Department. In course of time he was promoted to the post of District Inspector in the Excise Department in the grade of salary of Rs. 220-10-300. In 1957, the Government of Bombay again introduced the system of distribution of foodgrains on the basis of household cards. The appellant in view of his record of service in Civil Supplies Department was asked to go on "deputation" in the Agriculture and Forests Department as a Sub-Inspector under the Controller of Foodgrains Distribution, Bombay. In 1960, the appellant was appointed to a temporary post of Controller of Foodgrains Distribution, Bombay in the grade of Rs. 475-25-600-750. In 1961 the appellant was drawing a salary of Rs. 500/- p. m as a Controller of Foodgrains Distribution.

4. The appellant married his daughter in the month of December; 1961. The appellant s daughter, qualified doctor was then working as a Resident Medical Officer in the Bombay Municipal Corporation. The appellant was asked by the Director of Civil Supplies in the months of January to March, 1962 partly in writing and party orally first whether he had forced his peons to do menial work at the marriage of his daughter, secondly, if he had taken cash and gifts from Fair Price Shop-owners, and, thirdly, whether he had forced the staff to contribute in cash for the marriage of his daughter. The appellant denied the allegations. Thereafter, the Secretary to the Government of Maharashtra, Agriculture and Forests Department told the appellant in the month of April, 1962 that there were complaints against him and that "there could be no smoke without fire", and the appellant would be "repatriated" to the Prohibition and Excise Department. The Minister of Civil Supplies in the month of April, 1962 visited the appellant s office and said that there were complaints against him. The appellant requested a thorough enquiry in connection with such complaints. Subsequent to the visit of the Minister, an Inspector of Police of the Anti-corruption Branch took possession of several files of various fair price shopkeepers for scrutiny.

5. Hereafter, the Government of Bombay by a resolution dated 8 May, 1962 directed that the upheld lent who was "on deputation from the Excise and Prohibition Department should be repatriated to his parent department with immediate effect". The appellant was asked to hand over charge and the appellant was posted by the Director of Excise and Prohibition in the Office of Officiating Inspector in his Department.

6. In the month of July, 1962 the appellant came to know that the Anti-corruption Branch of the Police submitted a report to the Government and the appellant was found to be exonerated from all charges. The appellant made a representation to the Governme