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    <title>1963 (6) TMI 39 - HIGH COURT OF CALCUTTA</title>
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    <description>Reversion from an officiating higher post is punitive where it carries penal consequences such as loss of seniority or forecloses future promotion; the order was therefore treated as a reduction in rank attracting Article 311(2). An executive order affecting service rights must also be made in the Governor&#039;s name and authenticated under Article 166(1); an inter-departmental letter was insufficient. The reversion was further held vulnerable for mala fides and want of jurisdiction, because the Government mechanically relied on the Public Service Commission&#039;s advice without independent consideration and treated distinct cadres as interchangeable. The impugned reversion was quashed and consequential relief followed.</description>
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    <pubDate>Fri, 07 Jun 1963 00:00:00 +0530</pubDate>
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      <title>1963 (6) TMI 39 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=291978</link>
      <description>Reversion from an officiating higher post is punitive where it carries penal consequences such as loss of seniority or forecloses future promotion; the order was therefore treated as a reduction in rank attracting Article 311(2). An executive order affecting service rights must also be made in the Governor&#039;s name and authenticated under Article 166(1); an inter-departmental letter was insufficient. The reversion was further held vulnerable for mala fides and want of jurisdiction, because the Government mechanically relied on the Public Service Commission&#039;s advice without independent consideration and treated distinct cadres as interchangeable. The impugned reversion was quashed and consequential relief followed.</description>
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      <pubDate>Fri, 07 Jun 1963 00:00:00 +0530</pubDate>
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