Sen, J. - (1.) This is a petition for grant of special leave under Art. 136 of the Constitution directed against the judgment and order of the Bombay High Court dated Sept. 19, 1985 dismissing a petition filed by the petitioner under Art. 226 of the Constitution challenging an order of the Additional Inspector General of Police, Bombay dated Jan. 4, 1985 for his reversion from the post of Offg. Police Inspector to that of Sub- Inspector of Police as being violative of Art. 311(2) of the Constitution. By the impugned order, the High Court has dismissed the Writ Petition in limine just by the use of a laconic word 'rejected'.
(2.) The Facts:The petitioner was promoted as Offg. Police Inspector on May 22, 1983, on the recommendation of the Selection Board upon reviewing his case. While he was posted as Police Inspector at Ramtek in 1982, he successfully handled the difficult situation arising at Kanhan Coal Mines where there was a quarrel between two unions, namely, I.T.U.C. and I.N.T.U.C. and received a cash prize of Rs. 50 and C' Note from the Superintendent of Police, Nagpur District (Rural) by order dated Oct. 28, 1983. He also received several commendations for tactfully handling the situation at Kamptee on the eve of Dussehra. Muharram, Ganeshpooja and Bakr-ld festivals in the years 1982 and 1983. During the period from Feb. to Mar 1983, he. was deputed to Delhi as a Special Security Officer for the Seventh Non-Aligned Conference and was posted at Vigyan Bhawan for making security arrangements. All of a sudden on Jan. 4, 1985, the petitioner was served with the impugned order of reversion by the Additional Inspector General of Police, Bombay from the post of Police Inspector to that, of Police Sub-Inspector with the endorsement that such reversion would not disqualify him for being considered for promotion to the post of Police Inspector in future.
(3.) It appears from the return filed by the State Government in the High Court that this reversion was based upon the report of the Selection Committee that he was not fit to be retained as Police Inspector. The recommendation was based on the Annual Confidential Reports for the years 1982 and 1983 to the effect that the petitioner was given to heavy drinking and had practically become a physical wreck and though young he was wholly unfit to hold independent charge. The adverse entries in the Annual Confidential Reports for the years 1982 and 1983 were communicated to the petitioner in Dec. 1984. The petitioner was given two months time make his representation against the adverse entries i.e. time till Feb. 1985.;