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Documents citing Debesh Chandra Das vs Union Of India And Ors on 8 April, 1969

Kailash Chandra Sethia vs Rajasthan State Electricity Board And ... on 9 April, 1973

The facts of Debesh Chandra Das v. Union of India , were also different for there the employee was informed that he could be retained only if he accepted a lower post. Moreover, it was stated in the affidavit of the Union of India that the performance of the employee did not come to the standard expected of a Secretary, and he was informed that ho could be kept only in a lower post.
Rajasthan High Court - Jaipur Cites 23 - Cited by 12 - P N Shinghal - Full Document

Dr Arun Kumar Tyagi vs M/O Defence on 23 December, 2022

12. Alternately, it has been argued that by making the transfer/posting, he has been reduced in rank. He further relies upon Debesh Chandra Das vs UOI, (1969) 2 SCC 158 wherein it is laid down that "if a govt. employee has to be sent away from a tenure post before expiry of the period of tenure, Article 311(2) must be complied with if the reversion is to a post lower in rank than the post held on tenure; or there is a stigma attached to the order of reversion, that is to say, if the 14 OA No. 1677/2021 reversion is not due to a pure accident of service but his work and conduct is alleged to be unsatisfactorily".
Central Administrative Tribunal - Delhi Cites 19 - Cited by 0 - Full Document

In Re: Agreement Relating To Nylon ... vs Unknown on 21 October, 1974

Some more cases were cited on the point, namely, Dattatreya Moreshwar Pangarkar v. State of Bombay, [1952] SCR 612, 624, 631; AIR 1952 SC 181, Debesh Chandra Das v. Union of India, AIR 1969 Cal 180, State of Bombay v. Purushottam Jog Naik, [1952] SCR 674 ; AIR 1952 SC 317, 318, J.K. Gas Plant Mfg. Co. (Rampur) Ltd. v. Emperor, AIR 1947 FC 38, 41, Nandan Singh Bist v. State of U. P., AIR 1964 All 327, 328, Ali Ahmad and Sons v. Brij Kishore Pataria, AIR 1964 All 327, 328 Gulshan Khandsari Udyog v. Union of India, AIR 1968 All 75, 77, Zalam Singh v. Union of India, AIR 1969 Delhi 285, 289,Union-Castle Mail Steamship Co. Ltd, v. United Kingdom Mutual War Risks Association Ltd., [1958] 1 QB 380 (QB) and Union of India v. N.K. Private Ltd. AIR 1972 SC 915, 919.In our opinion all that these cases decided was that substantial compliance must be regarded as sufficient compliance with Articles 77 and 166. But where there is no substantial compliance and there is no approval on any record the law does not permit approvals, orders and notifications to be inferred from circumstances.
Monopolies and Restrictive Trade Practices Commission Cites 40 - Cited by 0 - Full Document

Smt. Rashmi Jain W/O Shri Pravesh Jain vs Union Of India (Uoi) Through Secretary, ... on 23 May, 2008

26. Learned senior counsel of applicant would also contend that until further orders figured in the order deputing applicant to AIIMS is a normal language but as however the three year fixed tenure has to be inferred as a period of deputation. Reliance is made on a decision of the Apex Court in Debesh Chandra Das v. Union of India . Learned Senior Counsel would also contend that the malice in law is apparent and established on record and as per the Regulation 9 of the Rules non-clearing the bills was not actuated with any malafide and the objections put-forth by the applicant were justiciable, as the applicant would have been answerable to the audit team, as AIIMS is a non-profitable organization, expenditure over such huge litigation would be antithesis to the object for which AIIMS was established, which is an Institute of National object. Any collusion with the Director Dr. Venugopal is denied.
Central Administrative Tribunal - Delhi Cites 36 - Cited by 0 - Full Document

Secretary To The Government Of West ... vs Ram Chandra Choudhury on 28 March, 1972

39. Mr. Banerjee relied upon a number of decisions to which I will now refer. Reliance was placed on a decision of the Supreme Court Debesh Chandra Das v. Union of India, . In that case the appellant held a post of the Secretary, Department of Social Security. He was asked to revert to the original post he held in the State of Assam, or to proceed on leave preparatory to retirement or to accept some lower post than that of the Secretary to the Government of India. The appellant was unwilling to accept the suggestion and made representations which were turned down and his services were placed at the disposal of the State of Assam. The appellant treated this to be a reduction in rank as the pay of a Secretary to the Government of India (I. C. S.) was Rs. 4,000/- and the highest pay in Assam (I. C. S.) was Rupeei 3,500/-. His contention was that there being no equal post in Assam, his reversion to the Assam Service meant a reduction, not only in his emoluments but also in his rank. It was also contended by him that he held a five years' tenure post and the tenure was to end on July 29, 1969, but was wrongly terminated before the expiry of 5 years. It was in these facts, that it was held that breaking into the appellant's tenure period close to its end, taken in conjunction with the alternatives given to him, demonstrated that the intention was to reduce him in rank by sheer pressure of denying him a Secretaryship. It was also held that the appellant's reversion by Government of India to a lower post was a reduction in rank, and that as Article 311(2) was not complied with, the order of reversion could not be sustained. This decision, to our mind, is of no assistance to the respondent in this case, as he was not holding a tenure post for a fixed term and he was not reverted to a lower post from a tenure post carrying a higher salary. Reliance was also placed by Mr. Banerjee on several other decisions namely We do not think it necessary to deal with these decisions at length, having regard to the fact that the respondent is not entitled to any relief in the writ petition.
Calcutta High Court Cites 33 - Cited by 13 - Full Document

S.K. Srivastava vs Union Of India And Ors. on 5 May, 1971

In Debesh Chandra Das v. Union of India and others. , it as shown that the Indian Administrative Service as divided into various State cadre but they were meant to man numerous posts in the Central Government though they were outside heir cadre. Just as the Central Government depended on the officers of the different state cadre of the Indian Administrative Service for filling the posts in the Central Government, similarly the Ministry of Finance, Department of Revenue, depended on the officers of the Indian Customs and Central Excise Service Class I as also the subordinate officers of the Customs and Central Excise to man the posts in the Directorates of Inspection and Revenue Intelligence.
Delhi High Court Cites 10 - Cited by 15 - Full Document

D.K. Rao vs Government Of India, Rep. By Its ... on 7 September, 1993

12. The decision is Dabesh Chandra's case (3 supra) does not apply to the facts of the case. There, the Officer was asked by the Government to opt either to revert to his parent State or to proceed on leave preparatory to retirement or tp accept some post lower than that of Secretary to Government of India and in those circumstances it was held by the Supreme Court that the reversion from the post of Secretary to Government of India to State service or in the alternative to go on leave preparatory to retirement was vitiated by stigma and amounts to reduction in rank which is violative of Article 311 (2) of the Constitution of India.
Andhra HC (Pre-Telangana) Cites 11 - Cited by 1 - Full Document

Sunder Grover vs Union Of India And Ors. on 19 September, 1983

The reason is. that in Das case order of reversion was held to be penal mainly because, his tenure was being cut short by 3 years by sending him to a tower salary post. The suggestion that he should seek leave preparatory to. retirement. spoke volumes for the foundation of the order. In the present case the clause in the appointment letter permits the President to revert the petitioner by giving one months' notice. There is no tenure period being cut short by the impugned order.
Delhi High Court Cites 31 - Cited by 0 - Full Document
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