VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 299
(298)
Reversion/reduction — of direct recruit
Direct recruit cannot be reverted to a lower post
against which he was never appointed.
Hussain Sasansaheb Kaladgi vs. State of Maharashtra,
1988(1) SLR SC 72
619
The appellant was a direct recruit to the post of Assistant
Deputy Educational Inspector. He was reverted to the lower post of
a primary teacher. He challenged the order on the ground that there
was no question of reverting him to the lower post. The trial court
upheld his contention and held the impugned order as illegal. The
State preferred an appeal and the High Court allowed the appeal
and set aside the decree passed by the trial court.
The Supreme Court observed that it was conceded by the
respondent before the High Court that the appellant was appointed
to the post of Assistant Deputy Educational Inspector as a direct
recruit and that he was not a departmental promotee who had been
promoted from the post of primary teacher to the post of Assistant
Deputy Educational Inspector and that the High Court should have
straight away dismissed the appeal. A direct recruit to a post cannot
be reverted to a lower post. It is only a promotee who can be reverted
from the promotion post to the lower post from which he was
promoted. The Supreme Court accordingly allowed the appeal.
(299)
(A) Adverse remarks
Uncommunicated adverse remarks/adverse
remarks subsequently set aside cannot be taken
into consideration in the process of selection.