REGIONAL MANAGER Vs. PAWAN KUMAR DUBEY

JUDGEMENT

(1.) 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 communicated to him by a letter dated 25th January, 1973. His juniors, it was found, were still officiating in posts of Senior Station Incharge. The respondent's chances of promotion were said to be adversely affected by the reason given for the reversion in the impugned orders that the respondent was "not fit yet" for the higher post.

(2.) 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, (1962) 2 Suppl. SCR 92 ; Champaklal v. Union of India, (1964) 5 SCR 190 ; Divisional Personnel Officer v. Raghavendrachar, (1966) 3 SCR 106 = AIR 1966 SC 1529); and State of U. P. v. Sughar Singh, (1974) 2 SCR 335 .

(3.) The Allahabad High Court had followed what it considered to be the ratio decidendi of Sughar Singh's case (supra), the last case of this Court available at the time. Special leave to appeal was sought in the case before us on the ground that Sughar Singh's case (supra) had been misunderstood by the High Court and required some elucidation by this Court. Special Leave was granted on condition that in any event, the costs of the respondent will be borne by the appellants.The question to be determined was assumed to be one of law only. 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.