AIR 1977 SUPREME COURT 629 ::1977 LAB. I. C. 281 ::1976 3 SCC 242 ::1976 2 LabLJ 4 ::1976 ServLJ 277 ::1976 2 SCR 115 ::1976 (1) ServLR 36

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): A. Alagiriswami, P. K. Goswami, N. L. Untwalia , JJJ

(A) Constitution of India , Art.311(2)— Reversion from officiating post to substantive rank - Holders found unfit - Reversion was not by way of punishment and was not bad for non-compliance with Article 311 (2) or any Rules. Punjab Service of Engineers , Class II— P.W.D. (Buildings and Roads Branch) Rules (1965) , R.6(5)(b)— Where the respondents, who held in substantive posts of Overseers in the State of Punjab, were promoted as officiating Sub-Divisonal Officers, Class II, but since their appointments were not approved, as required by the Service Rules by the Punjab Public Service Commission on the ground that they were unfit for the service, they were reverted to their substantive ranks, it was held that the orders of reversion were not by way of 'punishment' and could not be challenged for non-compliance with Art. 311 (2) or any Rules governing that disciplinary action: (B) Punjab Reorganisation Act (31 of 1966) , S.2(g)— "Law" - Administrative orders are not "law" and hence, were in terms, not saved by Section 88. Constitution of India , Art.372— (Para 12) (C) Punjab Reorganisation Act (31 of 1966) , S.88— Continuance of administrative order - Administra....