KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was promoted as Head Constable on 14-8-1977, but was reverted for one year, as a matter of punishment in a disciplinary enquiry by order dated 1-4-1987. After undergoing the punishment, he was promoted again as Head Constable on 14-8-1988. THE appellant, however, claims that his seniority as Head Constable is to be counted from 14-8-1977 and not from 14-4-1988. THE appellant contends that notwithstanding the reversion to the lower post as a matter of punishment by order of the concerned authority dated 1-4-1987 he does not lose his original seniority as Head Constable and that the authorities have omitted to take into consideration his seniority as head Constable before the date of reversion, that is from 14-8-1977 to 1-4-1987, and have treated him as Head Constable from 14-4-1988, the date on which he was promoted afresh after undergoing the punishment of reversion.

(2.) LEARNED counsel for the appellant has sought to rely upon the difference in language between R. 15 of the Kerala Police Departmental inquiries, Punishment and Appeal Rules, 1958 on the one hand, and R. 11 (1) (v) of the Kerala Civil Services (Classification, Control and appeal) Rules. According to him, while the Kerala Civil Services (CC & a) Rules mention the consequences of reduction to a lower post specifically, there is no such consequence of punishment specifically mentioned in the Kerala Police departmental Inquiries, Punishment and Appeal Rules, referred to above. LEARNED counsel points out that under the Kerala Civil Services (CC & a) Rules, different kinds of reductions are there, namely, reduction to a lower rank in the seniority list, or to a lower grade or post or time-scale. The rules mention the consequences of different types of reduction. Sub-clause (3) of clause (v) of R. 11 (1) reads as follows: "an order of reduction toa lower post or to a lower time-scale shall entail loss of seniority. " LEARNED counsel contends that there is no similar declaration 'as to the consequences of reduction to a lower post made in the police Departmental Inquiries, Punishment and Appeal Rules.