Reduction In Rank - Definition - Law Dictionary

Definition :

Reduction in rank, a civil servant is reduced in rank only after an inquiry is held; he is informed of the charges against him in such inquiry and he is given a reasonable opportunity of being heard in respect of those charges. [Constitution of India, Art. 311(2)]

Reduction in rank, if a civil servant has a right to a particular rank, then the very reduction from that rank will operate as a penalty, for he will then lose the emoluments and privileges of that rank. If, however, he has no right to the particular rank, his reduction from an officiating higher rank to his substantive lower rank will not ordinarily be a punishment (AIR 1958 SC 36 referred); Shitla Sahai Srivastava v. North Eastern Railways, AIR 1966 SC 1197 (1199): (1966) 3 SCR 61.

The reduction in rank contemplated by the Article 311 of Constitution of India, 1950 is reduction as a punishment and where no punishment is involved the Article had no application. Any variation in the order of seniority to the prejudice of an officer in the civil service could not give rise to a right whose violation could be remedied by invoking the jurisdiction of the court under Article 226, N. Devasahayam v. State of Madras, AIR 1958 Mad 53.

The expression 'reduction in rank' in Article 311(2) has an obvious reference to different grades in service. Whenever there is a reduction in rank it implies reversion from a higher post to a lower post. Reversion from a higher post to a lower post may be under exigencies of situation or by way of punishment. The expression 'reduction in rank' occurring in Article 311(2) covers only such reversions which are by way of punishment. The expression 'reduction in rank', within the meaning of Article 311(2) as the expression suggests, means reduction from a higher to a lower rank or post, P.V. Srinivasa Sastry v. CAG, (1993) 1 SCC 419 (424). [Constitution of India, Art. 311(2)]

Reduction in rank, imply that a person who is already holding the post of a subordinate judge has been reduced to the position of a munsif, the rank of a subordinate judge being higher than that of a munsif, High Court, Calcutta v. Amal Kumar Roy, AIR 1962 SC 1704 p. 1710.

Reduction in rank, in Canada no statutory obligation to make formal investigations to discharge a public servant, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 5, p. 1.

Reduction in rank, in England, all servants of the Crown hold office during to the pleasure of the Crown; can be dismissed at any time without showing any cause, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 5, p. 1.

Reduction in rank, involves two elements: (i) reduction relating to the classification, and (ii) it must be by way of penalty. Where there is no reduction in pay and other service conditions such as right to pension, gratuity and the like, it does not constitute reduction in rank, but if the transfer is made from higher post to a lower post, then notwithstanding that the other post carries the same emoluments, it certainly places the incumbent to lower rank in hierarchy, Ramanugarh Sharma v. Vice Chancellor, 1985 BLJR 195.

Reduction in rank, is a punishment inflicted on Government servants under the service rules, Purushotham v. Union of India, AIR 1958 SC 36.

Reduction in rank, losing places in seniority list is not tantamount to reduction in rank, Sitala Sahai v. N.E. Railway, Gorakhpur, AIR 1966 SC 1197.