Article 311 in Constitution of India
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State ... civil servant facing a proposed action of dismissal, removal, or reduction in rank on the ground of conduct is informed of the charges and given
whether the
order of the General Manager amounted to a reduction in rank
within the meaning of Art. 311(2) of the Constitution ... reversion made against the petitioner did not amount to a
reduction in rank within the meaning of Art. 311(2) Of the
Constitution
rank in the posts of Tahsildars and their reduction as
officiating Tahsildars was certainly reduction in rank as
punishment.
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Civil Appeal ... rank in the posts of Tahsildars and their
reduction as officiating Tahsildars was certainly reduction
in rank as punishment.
In this view
directly recruited.
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Constitution of India, 1950-Article 311(2)-`Reduction
in rank'-Whether a government servant by way of
punishment/penalty can be reduced ... place." But the word "reduction" has no
such limitation and therefore, reduction in rank extends
even to a rank which the officer
promotion
to senior scale-Whether order of reversion amounts to
"reduction in rank"-Constitution of India, Art. 311-Indian
Police Service (Pay) Rules ... emoluments and privileges
of that rank. If, however, he has no right to
the particular rank, his reduction from an
officiating higher rank
centre or revert to
parent state or retire-Whether amounted to reduction in
rank-If procedure under Art. 311(2) required to be followed.
HEADNOTE ... reversion to his parent State did not
amount either to any reduction in rank or a penalty and the
orders were therefore quite legal.
HELD
substantive post when juniors
Officiating in higher post-Whether amounts to reduction in
rank.
HEADNOTE:
The respondent was employed in the Southern Railway as Train ... Court held that the reversion of the respondent
amounted to a reduction in rank because he was reverted from
the higher post to the lower
deals with cases of dismissal, removal or reduction in rank. From this, he submitted that the expression, 'dismissal' removal or reduction in rank ... been taken against such person-employed for dismissal, removal or reduction in rank, by way of punishment. Hence, he argued that the expression
selection grade of a rank to the time scale of the same
rank, (c) if in a graded rank to a lower position ... emoluments and privileges
of that rank. If, however, he has no right to
the particular rank, his reduction from an
officiating higher rank
order, so far as the same involves extension of service, suspension, reduction in rank, [compulsory retirement,] [ Inserted by Act 17 of 1982, Section ... aggrieved by an order involving his reduction in rank, [compulsory retirement,] [ Inserted by Act 17 of 1982, Section 8 (w.e.f. 31.5.1982).] removal
