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.