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1 - 5 of 5 (0.16 seconds)Article 311 in Constitution of India [Constitution]
The State Of Bihar vs Abdul Majid on 11 February, 1954
The learned Advocate also drew our attention to a decision
of the Supreme Court reported in State of Bihar v. Abdul
Majud, but this decision
In our view is not of any assistance to the appellant. It
was also argued that the action of the Respondents in depriving the appellant of the time scale of pay and in stopping
all future increments amounted to reduction in rank and as
no opportunity was given to him to show cause against this
action proposed to be taken there was contravention of Article 311(2) of the Constitution and so the order complained or
was bad. But it is to be noted that in order that the provisions of Article 311 may be attracted the reduction has to be
by way of imposition of penalty but where such reduction
results from a normal step taken in the course of office
administration to rectify an error or a mistake and there is no penalty involved in the readjustment, there is no reduction in rank within the meaning of Article 311 of the Constitution and the procedure prescribed In Clause (2) of Article 311
need not be followed. (See Parshotam Lal Dhingra v. union
of India, . This disposes
of ail the points raised in this appeal.
Article 225 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
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