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1976 Supreme(SC) 77

A.N.RAY, JASWANT SINGH, M.H.BEG
Regional Manager – Appellant
Versus
Pawan Kumar Dubey – Respondent


Advocates:
O.P.RANA, R.N.TRIVEDI, S.C.AGRAWAL, V.J.Francis

JUDGMENT

BEG, J.:— This appeal by special leave granted to the Regional Manager of U. P. State Road Transport Corporation, Allahabad, challenges the findings of a learned single Judge, affirmed by a Division Bench of the Allahabad High Court, holding that the respondent, Pawan Kumar Dubey, was reverted from the post of a Senior Station Incharge, in which he was officiating, to his substantive post of a Junior Station Incharge by means of an order dated 20-2-1973 passed as a measure of punishment inflicted upon him for alleged misconduct indicated by an adverse entry communicated to him by a letter dated 25th January, 1973. His juniors, it was found, were still officiating in posts of Senior Station Incharge. The respondents chances of promotion were said to be adversely affected by the reason given for the reversion in the impugned orders that the respondent was "not fit yet" for the higher post.

2. The learned single Judge and the Division bench in the Allahabad High Court were referred to several decisions of this Court mentioned by the Division Bench. These were: State of Bombay v. F. A. Abraham, (1962) Supp (2) SCR 92; Champaklal v. Union of India, 1964 (5) SCR 190; Divisional P




























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