STATE OF PUNJAB Vs. MANOHAR LAL

JUDGEMENT

(1.) THE facts in this second appeal are not in dispute. Manohar Lal was recruited as a Police Constable on 25th February, 1930. Subsequently, he was promoted as Head Constable and later an officiating Assistant Sub -Inspector of Police. On 24th September, 1962, the Deputy Inspector General of Police Jullundur Range, reverted him from the rank of Assistant Sub -Inspector of Police to that of his substantive rank of Head Constable. This order was challenged by Manohar Lal by means of a regular suit filed in June 1964 on the ground that the same was illegal, ultra vires and unconstitutional. The main ground taken by the plaintiff was that he had been reduced in rank on the basis of certain allegations made against him and he was not given a chance of submitting his explanation. No enquiry was conducted into those allegations and he was not afforded a reasonable opportunity as provided by Article 31 (2) of the Constitution.

(2.) THE suit was resisted by the defendant Punjab State and their case was that the order of reversion was only an administrative one and not passed by way of punishment so as to attract the provisions of Article 311 of the Constitution. No opportunity was required to be given to the plaintiff under the law before making the said order.

(3.) ON appeal, the learned Additional District Judge, Jullundur, reversed the finding of the trial court and came to the conclusion that the Government felt dissatisfied with the work and conduct of the plaintiff and doubted his honesty and efficiency. It had not been shown by the defendant that the reversion had been made on administrative grounds. The learned Judge held that the impugned order was passed by way of punishment and thus attracted the provisions of Article 311 of the Constitution. He, therefore, accepted the appeal, set aside the judgment and decree of the trial court and decreed the suit. Against this decision, the present second appeal has been filed by the State of Punjab.