The appeal was, therefore, to be heard on the special leave paper Book with such additional documents from the record of the case as the parties may choose to file.
It was shown that about 200 officers, junior to him, were still officiating in the cadre from which Sughar Singh had been reverted to his substantive post of Head Constable.
121 of 1974 N. Trivedi and O. P. Rana, for the appellants.
Appeal by special leave from the judgment and order dated the 17 7 1974 of the Allahabad High Court in special appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Allahabad High Court had followed what it companysidered to be the ratio decidendi of Sughar Singhs case supra , the last case of this Court available at the time.
The learned single Judge and the Division Bench in the Allahabad High Court were referred to several decisions of this Court mentioned by the Division Bench These were State of Bombay v. F. A. Abraham 1 Champaklal Chimanlal Shah v. Union of India 2 Divisional Personnel Officer v. Raghavendrachar 3 and State of U.P. Ors.
The respondents chances of promotion were said to be adversely affected by the reason given for the reversion in the impugned order that the respondent was number fit yet for the higher post.
Special leave was granted on companydition that, in any event, the companyts of the respondent will be borne by the appellants.
Two years later, as a result of this entry based expressly on bare suspicion, without further inquiry into the question whether Sughar Singh companyld be responsible for tampering with the record, a reversion order, innocuous on the face of it, had been made on 12th August 1968.
1844/1975.
The effect of the reversion order was that Sughar Singh who, apart from this entry, had an excellent record, was reverted from a post in which he had been officiating from 16th March, 1961, until the reversion order dated 12th August, 1968.
His juniors, it was found, were still officiating in posts of Senior Station Incharge.
v. Sughar Singh 4 .
C. Aggarwal and V. J. Francis, for the respondent.
Special leave to appeal was sought in the case before us on the ground that Sughar Singhs case supra had been misunderstood by the High Court and required some elucidation by this Court.
The Judgment of the Court was delivered by BEG, J. This appeal by special leave granted to the Regional Manager of U.P. State Road Transport Corporation, Allahabad, challenges the findings of a learned single Judge, affirmed by a Division Bench of the Allahabad High Court holding that the respondent, Pawan Kumar Dubey, was reverted from the post of a Senior Station Incharge, in which he was officiating, to his substantive post of a Junior Station Incharge by means of an order dated 20 2 1973 passed as a measure of punishment inflicted upon him for alleged misconduct indicated by an adverse entry companymunicated to him by a letter dated 25th January, 1973.
