An order of reversion of a government servant to a lower post is by way of punishment if it visits the servant with penal consequences, such as stoppage or postponement of future chances of promotion, and the servant is not given an opportunity to be heard before the order is passed.

( 1 ) THE facts in this case are shortly as follows : In 1925, the petitioner was appointed as a Sub-inspector of Police under the then Government of Bengal. In the year 1942, he was promoted to be an Inspector of Police. In 1946, he was promoted to the post of a Deputy Superintendent of Police in which post he was confirmed in 1947. It is stated that from 26th March, 1948 the petitioner came to officiate as Superintendent of Police in the Indian Police Service (Senior Scale ). In 1951, he was acting as Additional Superintendent of Police, Howrah. While he was acting as Additional Superintendent or Police,, he was called by the Inspector General of police and was informed that adverse comments had been received against him in confidential reports. He thereafter asked for a copy of the adverse report and finally on the 26th March, 1951 he was supplied with a gist of the adverse remarks which runs as follows :"in 1948 he was found to have displayed no activities showing any signs of imagination. In 1949 he was reported to be rather inactive due to old age and was considered only suitable for desk work. In 1950 he was found to be leaving a lot of reserve work to the Reserve Officer and depending too much on him. At the end of 1950 he was also reported to be not quite fit for active duties due to his old age and for acquiring the bad habit of sleeping almost every day after lunch when he was expected to attend office. His attendance in office was also very irregular and inadequate. He had also failed to come to Calcutta to consult the D. I. G. , I. B. , who had ordered that all S. Ps. should pay periodical visit to the I. B. with their D. I. O's for discussions and instructions. "

( 2 ) ON the 22nd June, 1951 the Assistant Inspector General of Police, West Bengal, wrote to the petitioner that Government had approved of his reversion to his substantive rank and to post him at Midnapore as Deputy Superintendent of Police. It was stated that a formal order will follow in due course. On the 25th June, 1951 a notification was issued by Government appointing the petitioner as Deputy Superintendent of Police, Midnapore. Thus the petitioner who was acting as Additional Superintendent of Police was reverted to the rank of Deputy Superintendent of Police. The petitioner thereupon made representation to Government but this was rejected. A further representation was made to the Central Government which also was rejected in March, 1954. The petitioner thereupon has come to this Court and this Rule has been issued calling upon the opposite parties to show cause why a Writ in the nature of Certiorari should not be issued quashing the order of reversion and reduction in rank of the petitioner as mentioned in the petition and the orders referred to in annexures "b", "c", "d" and "f" to the petition and/or why a Writ in the nature of Mandamus should not issue commanding the respondents to promote or to appoint the petitioner to such post in the rank of Additional Superintendent of Police as may be available as if the order of reversion had not been made, and for other reliefs.

( 3 ) I might at once state that in the meanwhile the petitioner has retired from service, so that the prayer for re-instatement in any post is no longer possible. The only order challenged therefore is the order of reversion. Here again there cannot be any question of setting aside the order of reversion with a view to re-instate the petitioner in any service. It will merely affect his arrears of pay and possibly his pension. Before I state the points taken by Mr. Anil Kumar Das Gupta on behalf of the petitioner, another tact has to be stated. I have already stated that in 1948 the petitioner was appointed to officiate as Superintendent of Police in the Indian Police Service (Senior Scale ). Such appointments prior to January, 1950 appear to have been governed by a certain set of rules made by the Secretary of State for India, known as The Reserved Posts (Indian