VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 68
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as an administrative order, nevertheless, the proceedings held against
such a public servant under the statutory rules to determine whether
he is guilty of the charges framed against him are in the nature of
quasi-judicial proceedings and there can be little doubt that a writ of
certiorari, for instance, can be claimed by a public servant if he is
able to satisfy the High Court that the ultimate conclusion of the
Government in the said proceedings, which is the basis of his
dismissal, is based on no evidence.
(68)
Penalty — reversion
Where a Government servant is reverted from a
higher officiating post to the substantive junior post
for unsatisfactory conduct without giving any
opportunity of showing cause, the reversion is by
way of punishment and provisions of Art. 311 of
Constitution are attracted.
P.C. Wadhwa vs. Union of India,
AIR 1964 SC 423
The appellant was a member of the I.P.S. holding the substantive
rank of Assistant Superintendent of Police and was promoted to officiate
as Superintendent of Police. He was served with a charge-sheet but
before the inquiry which had been ordered had started, he was reverted
to his substantive rank of Asst. Supdt. of Police.
The Supreme Court observed that the appellant has not merely
suffered a loss of pay but he has also suffered loss of seniority as also
postponement of future chances of promotion to the senior scale. A
matter of this kind has to be looked at from the point of view of substance
rather than of form. It is indeed true that the motive operating on the
mind of the Government may be irrelevant; but, it must also be
remembered that in a case where Government has by contract or
under the rules the right to reduce an officer in rank, Government may
nevertheless choose to punish the officer by such reduction. Therefore
what is to be considered in a case of this nature is the effect of all the
relevant factors present therein. If on a consideration of those factors,