An official's reversion from a higher to a lower post, when held in an officiating capacity, does not amount to a reduction in rank under Article 311 of the Constitution unless it entails penal consequences.

1. This is a petition under Art.226 of the Constitution of India by Shri Naresh Chandra Sana for the issue of a Writ of certiorari to quash the two orders of reversion dated 12-5-1954 and 7-11-1960 of the Chief Commissioner, Tripura and for such other suitable order or direction as may be just and proper. A request was also made for the issue of writ of mandamus to direct the respondent No. 2 to forbear from giving effect to those two orders and to disregard the order dated 19-7-1961 passed by the President of India in his appeal dated 30-12-1960.

2. The petitioner's case in short is that he joined the Tripura Civil Service as a probationer on 30-10-1949 as a result of competitive examination in the scale of Rs. 125/150-10-280-15-400/-. He was first posted as Divisional Purchasing Officer, Dharmanagar Division (now Sub-Division). Thereafter he was posted in different sub-divisions in different capacities. In the year, 1953 the Tripura Civil Service was split up into two divisions, which were given effect to from 1-4-1950 and the Senior Officers were absorbed as Sub-Divisional Officers and the juniors were taken as Sub-Treasury Officers. The pay scale of the Sub-Divisional Officer was from 200-10-420-15-450/- and that of the Sub-Treasury Officer was from Rs. 200-10-300/-. He was absorbed as a Sub-Treasury Officer in the scale of Rs. 200-10-300/- with effect from 1st April, 1950 and was posted at Sonamura sub-division. Thereafter by order of Chief Commissioner dated 14-8-1953 he was transferred to Amarpur sub-division to act as sub-divisional Officer in the same pay scale of Sub-Treasury Officer. He took charge of this post on 9th September, 1953. On 10-5-1954, an order was issued appointing him as officiating Sub-Divisional Officer. Amarpur with retrospective effect from 10-9-1953. He worked at Amarpur upto April, 1954 and thereafter he was transferred to Kamalpur as officiating Sub-Divisional Officer. He handed over charge on 6-5-1954 to proceed for Kamalpur. When he reached Khowai on his way to Kamalpur he received an order dated 12-5-1954 reverting him back to the post of Sub-Treasury Officer from 6-5-1954.
According to this order he joined as Sub-Treasury Officer, Kamalpur in May, 1954 and preferred an appeal to the Chief Commissioner for a review of the order of reversion, 12-5-1954. He was informed by the Chief Secretary that his work as officiating Sub-Divisional Officer, Amarpur was unsatisfactory and hence he was reverted. If his work as Sub-Treasury Officer would be found satisfactory he might be considered again for the post of Sub-Divisional Officer in due course. Thereafter he wrote several letters to the Chief Secretary for information as to his work, which dissatisfied the Government but no reply was vouchsafed. Thereafter he was transferred, as officiating Superintendent of Surveys to Agartala in November, 1954 in the scale of Rs. 200-10-420-15-450/-. He took charge of this post on 19-11-1954. While serving as Superintendent of Surveys he sent several reminders for considering the case of his reversion, but without any effect. The appeal which he sent in 1955 to - the Chief Commissioner was withheld by the D.M. on the ground that the Chief Secretary had already told him the reason for his reversion. Again on 20-6-1956, he sent another appeal to the Chief Commissioner directly. Thereupon on 7-9-1956, the D.M. and Collector called his explanation for sending the appeal directly to the Chief Commissioner in cont