Section 498 · Paragraph 482. Demotion

The following rules govern reduction:
(1) An officer shall not be reduced to a rank lower than that at which he was first appointed to the Service.
(2) An officer shall not be permanently reduced in rank on the ground that his service, however meritorious, may not be eligible for further promotion.
(3) An officer may be reduced from one rank to another or from one stage in the time scale to a lower stage in the same time scale. Constables may also be reduced in rank as prescribed in sub-paragraph 5.
(4) (a) When the pay of a reduced officer is regulated by the time scale after reduction, the reduction order shall specify the stage in the time scale to which the officer will be assigned and whether the period of reduction is fixed or indefinite.
(b) If the reduction is to a lower rank and the time period is indefinite, the stage in the time scale of the rank to which the officer is reduced shall not be continuous with the one the officer would have reached had he not been promoted to the post from which he has been reduced. If the reduction is to a lower rank and the time period is definite, any stage in the lower rank may be specified.
(c) If the reduction is indefinite, the officer will not automatically revert to his original position.
If the reduction is to a lower rank and the time period is definite, the period shall be specified in the reduction order and shall not exceed three years. Upon the expiry of the specified fixed period, the officer will automatically revert to his last position, but will not be eligible for promotion to any rank which he held as acting in-charge at the time of reduction or which he would have held had he not been reduced.
(5) (a) Constables who remain in the time scale reach the selection grade of the posts fixed. Constables are reduced from the selection grade to the time scale or from a higher to a lower stage in the time scale. When a constable is reduced from the selection grade to the time scale, his assigned stage shall not be lower than that for which his length of service entitles him in the time scale and no time period for reduction shall be specified. A constable shall be eligible for re-selection to the selection grade if his conduct merits selection. In case of reduction from a stage to a lower stage in the time scale, the time period of reduction shall be specified. On the expiry of the specified time period, the constable shall regain the stage in the time scale which he would have reached, had he not been reduced. (b) In addition, constables may be reduced in the following manner:
(1) From Class "A" to Class "B".
(2) To a lower position specified in the list of constables eligible for promotion, and
(3) A combination of (a) and (b).
(c) A constable reduced to a lower position in the list of constables eligible for promotion shall, subject to the provisions of Chapter III, be eligible to be considered for promotion when his turn comes up.
(6) When an officer above the rank of constable is reduced to the rank of constable, the authority ordering his reduction shall state the time scale of the constable to which he has been assigned and shall also state whether he has been assigned to Class "A" or Class "B". The authority should indicate the position to be allocated to the officer in the list of constables eligible for promotion.
(7) Vacancies resulting from demotion for a specified period of time will be filled only on an in-charge basis. Other vacancies will be filled permanently.
Note
(1) Distinction between Reversion and Demotion - Demotion is to be distinguished from reversion. There is a slight but clear difference between the two. Demotion involves a reduction or lowering of rank to the original position, while reversion involves restoring the rank to its previous position. The former involves punishment, but the latter does not, as reversion is not a punishment in this paragraph and is an extension of demotion. Where reversion occurs as a punishment, it will carry the connotation of demotion.
(2) Reversion as a Punishment or Otherwise - Reversion may be a punishment or for other reasons. When dismissal, removal from service, or demotion is made as a punishment, the order must be made in accordance with the restrictions of Article 311 of the Constitution. When a servant has the right to hold a post or grade and the order results in a loss of pay, loss of seniority in a permanent grade, or the possibility of future promotion being hindered or delayed, it is considered a punishment. Probationary or officiating postings, whether to a permanent or temporary post, do not confer any right to that post. However, when a servant's repatriation is ordered as a punishment due to misconduct, negligence, or incompetence, Article 311 of the Constitution is invoked. When the order of repatriation does not carry any stigma or sense of punishment, it is a just order.
A show-cause notice is not required for repatriating an officer on probation to his or her original post. The Deputy Inspector General of Police can order the reinstatement of an acting sub-inspector, and this order can be made after a preliminary inquiry, but without giving any reason. The leading decisions on this subject are P.L. Dhingra vs. Union of India and State vs. Sughar Singh.
Where the court has declared the order of demotion illegal, a declaration regarding the pay that is within the statute of limitations is not necessary. The government should provide assistance considering the equity of the case, which the court advocates.