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1958 Supreme(All) 69

M.C.DESAI, V.D.BHARGAVA, J.K.TANDON
JAI SHANKER HAJELA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
B.K.DHAON, B.N.ROY, Harish Chandra, K.P.Saksena, K.S.HAJELA, NIAMATULLAH

M. C. DESAI, J.

( 1 ) THE following question has been referred to us :

"is a reversion from a temporary or officiating higher grade to a substantive post a reduction in rank within the meaning of Article 311 irrespective of the fact whether the reversion was for some fault of the person reverted or otherwise?"

( 2 ) THOUGH we are called upon to answer an abstract question of law, it is necessary to state the material facts giving rise to the question. The appellant was a civil servant; he commenced his service as a Sub-Deputy Inspector of Schools in 1927. In 1948 he was appointed to officiate as a deputy Inspector. A dispute arose between him and the State over the pay admissible to him as officiating Deputy inspector and while the dispute was going on lie was transferred from Bahraich to Ghazipur on account of complaints of insolent behaviour and insubordination. He handed over charge at bahraich but refused to take over charge at Ghazipur so long as the dispute about his pay was not settled. He did take over at Ghazipur but long after the expiry of the period allowed to him as joining time. On account of this absence from duty without leave, insubordination and unsatisfactory work,




































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