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july 1979

Supreme Court of India · 1979-07-17

KRISHNA KUMAR vs DIVISIONAL ASSISTANT ELECTRICAL ENGINEERCENTRAL RAILWAY AND

Citation / case number
SC 1978/90368
Court
Supreme Court of India
Petitioner
KRISHNA KUMAR
Respondent
DIVISIONAL ASSISTANT ELECTRICAL ENGINEERCENTRAL RAILWAY AND
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court held that the removal of the appellant, a Train Lighting Inspector, by the Divisional Assistant Engineer was in violation of Article 311(1) of the Constitution, which mandates that no civil servant can be dismissed or removed by an authority subordinate to that which appointed him. The Court clarified that the determination of subordination is based on the status at the time of appointment, and delegation of appointment powers does not elevate the delegate's rank. Consequently, the Court ruled that the removal order was invalid and restored the appellant's position.

KRISHNA KUMAR vs DIVISIONAL ASSISTANT ELECTRICAL ENGINEERCENTRAL RAILWAY AND · Niyam