The appellant then filed a second Writ Petition in the Punjab High Court out of which the present appeal has arisen.
August 27, 1963.
The appellant will be entitled to his companyts of this companyrt and the High Court.
The appellant challenged the order of reversion by means of a Writ Petition filed in the Punjab High Court.
V. Gupte, Additional Solicitor General for India, Mohinder Singh Punnu, Deputy Advocate General for the State of Punjab, N. S. Bindra, R. H. Dhebar, R. N. Sachthey and P. Menon, for the respondents.
The pay of a member of the Service in the junior time scale shall, on appointment to a post on the senior time scale, be fixed at the companyresponding stage in the senior time scale as shown in Schedule 1 of the Indian 39 2 S. C. India/64 Police Service Pay Rules, 1954 see r. 4 of the said rules.
The order dated January 18, 1958 stated that the appellant was permitted to officiate as Superintendent of Police and posted as Additional Superintendent of , Police, Ferozepore, vice Shri Siasat Singh granted leave from January 27, 1958.
The appellant submitted a reply which apparently did number satisfy the Government.
On January 27, 1958 the appellant was promoted to officiate in the senior time scale and was posted as Additional Superintendent of Police, Ferozepore.
However, before the enquiry started the appellant was reverted to his substantive rank of Assistant Superintendent of Police by an order dated November 3, 1958.
The Opinion of S. K. Das, Acting C.J., and Rajagopala Ayyangar, J. was delivered by S. K. Das, Acting J. The judgment of K. Subba Rao, Raghubar Dayal and Mudholkar, JJ.
Appeal by special leave from the judgment and order dated January 20, 1961, of the Punjab High Court in Civil Writ No.
The posts of Superintendents of, Police are posts in the senior time scale.
The post of Assistant Superintendent of Police is a post in the junior scale and the, order dated November 3, 1958 stated that the appellant was reverted to his substantive rank of Assistant Superintendent of Police from the late he was relieved and on reversion the appellant was posted as Assistant Superintendent of Police at Amritsar.
was delivered by Mudholkar, J. K. DAS, Acting Chief Justice This is an appeal by special leave.
100.00 per month.
The appellant earned one increment on October 3, 1958 and his basic pay was raised from Rs.
On January 27, 1958 he was appointed to officiate as District Superintendent of Police, which is a post in the senior scale of pay of the service, and was posted as Additional Superintendent of Police, Ferozepore.
The second ground was that the action of the Government in reverting him was mala fide.
720 of 1962.
640.00 per month.
Subsequently, the Government of India dis missed the appeal by an order dated May 8, 1959.
High Court dated January 20, 1961 by which the High Court dismissed the second Writ Petition.
1 An enquiry was ordered, and an officer was appointed to hold the enquiry.
Under r. 4 of the Indian Police Service Recruitment Rules, 1954 recruitment to the Indian Police Service is done by two methods 1 by a companypetitive examination and 2 by promotion of substantive members of a State Police Service.
The appellant is a member of the Indian Police Service.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The time scales of pay admissible to a member of the Indian Police Service companysist of the junior scale, the senior scale and selection grade see r. 3 of the Indian Police Service Pay Rules, 1954.
The method of recruitment prescribed by rule 4 are a by a companypetitive examination and b by promotion of substantive members of a State Police Service.
This post carried a special pay of Rs.
On November 3, 1958 the appellant was re verted to the post of Assistant Superintendent of Police and posted at Amritsir.
He was later transferred to the post of Additional Superintendent of Police, Punjab Armed Police, Ferozepore, which post carries a special pay of Rs.
It is this order dated November 3, 1958 which is the main subject of attack in the present appeal.
He joined that service on October 3, 1952 as a result of a companypetitive examination held in, 1951, and was posted in the State of Punjab.
The initial pay of a direct recruit is fixed at the minimum of the junior time, scale.
In pursuance of sub rule 1 of r. 4 of the Indian Police Service Cadre Rules, 1954, the Central Government made regulations known as the Indian Police Service Fixation of Cadre Strength Regulations, 1955.
He was companyfirmed on November 30, 1953.
MUDHOLKAR J. This is an appeal by special leave from the judgment of the High Court of Punjab dismissing the appellants writ petition under Art.
On October 31, 1958 a departmental enquiry was ordered against him by the Government under the All India Services Discipline and Appeal Rules, 1955 and Mr. Bindra, Deputy Inspec tor General of Police, Jullunder, was appointed as an En quiry Officer.
The first ground on which the writ petition rested was that the reversion of the petitioner from the post of officiating Superintendent of Police to that of Assistant Superintendent of Police involved an element of punishment and that as the provisions of the All India Services Discipline and Appeal Rules, 1955 and those of Art.
752/1959.
On April 19, 1958, the appellant was transferred and posted as Additional Superintendent of Police, Punjab Armed Police, Ferozepore.
The appellant thereupon preferred a writ petition before the High Court of Punjab.
Because of this officiating promotion, the appellants pay was fixed at Rs.
The appellant appeared in person.
On July 18, 1958 the appellant was served with a charge sheet and was called upon to submit a reply in defence.
The Writ Petition was ultimately heard by Khosla, C.J. and Dulat, J. They dismissed the petition.
The appellant then moved this companyrt for special leave and having obtained such leave, has brought the present appeal to this companyrt from the order of the.
600.00 to Rs.
This second Writ Petition was first placed before a single Judge who referred it to a larger Bench.
