9911796707
TMI Blog1969 (4) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent was " promoted to officiate until, further orders as Income-tax Officer class II, grade Ill." The order of the Commissioner of Income-tax dated April 8, 1953, is to the following effect : " ORDER Establishment-Gazetted class II servants-- Promotion, transfer and posting of. Shri Ranjit Singh Dhaba, officiating inspector, special survey circle. Amritsar, is promoted to officiate until further orders as Income-tax Officer, class II, grade III, in the scale of Rs. 275-35-500-EB.30-800 and posted as Income-tax Officer, Special Survey Circle; Patiala, with effect from the date he relieves S. Bahadur Singh since reverted. He is also appointed to hold charge of special survey circle, Patiala II, in addition to his own duties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent was entitled to the safeguards provided in article 311 of the Constitution. The appellants took the matter in appeal under the Letters Patent but the appeal was dismissed on May 28, 1965. It was contended by Mr. A. K. Sen on behalf of the respondent that the order of reversion was made by way of punishment and the provisions of article 311(2) of the Constitution were attracted. It was pointed out that in his demi-official letter dated February 6, 1964, Mr. M. Kasivisvanatha Pillai, the then Commissioner of Income-tax, said that the respondent should be reverted because of the large number of complaints which the department had received against the integrity of the respondent and the bad reports received by him from his superi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g out one of the three punishments, namely, dismissal, removal or reduction in rank (see Purshotam Lal Dhingra v. Union of India). But this protection is only available where the dismissal, removal or reduction in rank is sought to be inflicted by way of punishment and not otherwise. As pointed out in Purshotam Lal Dhingra's case, the two tests applicable in a matter of this description are : (1) whether the Government servant has a right to the post or the rank, or (2) whether he has been visited with evil consequences; and if either of the tests is satisfied, it must be held that the Government servant had been punished. Further, even though misconduct, negligence, inefficiency or other disqualification may be the motive or the inducing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations of misconduct made against him in a confidential communication from the District Superintendent of Police to the Deputy Inspector-General of Police but these allegations were not proved at the enquiry. The Inspector-General of Police thereafter wrote to the Government that the respondent's previous record was not satisfactory and that lie had been promoted to officiate as Deputy Superintendent of Police in the expectation that he would turn a new leaf but the complaint made in the confidential memorandum was a clear proof that the respondent was habitually dishonest and did not deserve promotion. As the order of reversion was maintained by the Government, the respondent filed a suit challenging the order. The suit was decreed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
