Can a person with more than 2 years of regular service in a particular cadre be reverted back to lower cadre other than disciplinary grounds? Is there any rules or consitutional law on it?
VICTOR SAMSON H (Engineer) 29 June 2012
Can a person with more than 2 years of regular service in a particular cadre be reverted back to lower cadre other than disciplinary grounds? Is there any rules or consitutional law on it?
Uttam Maheshwari (Associate) 29 June 2012
Dear Victor,
As per settled service jurisprudence through judgements of Hon'ble Supreme Court of India, a person cannot be reverted in (a) absence of departmental proceedings; (b) his promotion was itself erroneous. However, in either case the department would be required to follow principles of natural justice by affording an opportunity of hearing to the employee concerned.
Further, the issue would be governed by applicable service rules.
Best,
Uttam Maheshwari, Adv.
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