Supreme Court of India · 1963-12-05
MOTI RAM DEKA ETC. vs GENERAL MANAGER, N.E.F. RAILWAYS,MALIGAON, PANDU, ETC.(Wit
- Citation / case number
- SC 1962/133
- Court
- Supreme Court of India
- Petitioner
- MOTI RAM DEKA ETC.
- Respondent
- GENERAL MANAGER, N.E.F. RAILWAYS,MALIGAON, PANDU, ETC.(Wit
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,HIDAYATULLAH, M. & GUPTA, K.C. DAS,SHAH, J.C. & AYYANGAR, N.R.
Judgment text excerpt
The Supreme Court held that Rules 148(3) and 149(3) of the Indian Railway Establishment Code are unconstitutional as they violate Articles 14 and 311(2) of the Constitution of India. The Court established that the termination of a permanent servant's services under these rules constitutes removal from service, thus necessitating adherence to the procedural safeguards outlined in Article 311(2). Consequently, the Court invalidated the rules, affirming the rights of permanent employees to due process in termination cases.