VIGILANCE MANUAL VOLUME III - AP Online

DECISION -110
347
to declare witness hostile is not limited by sec. 154 Evidence Act to
cases where there is any previous statement of the witness and from
which he is alleged to have departed. Permission to cross-examine
witness by itself is not enough to discredit the witness. A party can
cross-examine even a witness tendered by it.
(109)
Termination — of officiating post
Reversion from officiating post on ground of
unsuitability does not attach any stigma and does
not attract provisions of Art. 311 of Constitution.
Union of India vs. R.S. Dhaha,
1969 SLR SC 442
The respondent who was a Upper Division Clerk in the Incometax
Department was promoted as Inspector in an officiating capacity.
Subsequently, he was reverted as his work was not considered satisfactory.
The Supreme Court held that a Government servant who is
officiating in a post has no right to hold it for all time and holds it on
the implied term that he will have to be reverted if his work was found
unsuitable. A reversion on the ground of unsuitability is an action in
accordance with the terms of which the officiating post is held and
not a reduction in rank by way of punishment to which Art. 311 of
Constitution could be attracted. In the instant cases, the order of
reversion did not contain any express word of stigma attributed to
the conduct of the respondent and, therefore, it cannot be held that it
was made by way of punishment attracting Art. 311 of Constitution.
(110)
Termination — of temporary service
Termination simpliciter of a Temporary Government
servant after threatening with disciplinary action