3537 of 1983 decided by a Division Bench of the Lucknow Bench of the Allahabad High Court on 26th February, 1990.
The trial Court took the view that there was numberdelegation of powers in favour the Assistant Security Officer and that the Chief Security Officer was the appointing authority and companysequently the dismissal order was passed by the incompetent authority and was, therefore, void.
The suit was companytested by the Union of India appellant No.
7584 of 1991 arose out of a writ petition Writ Petition No.
1 herein and it was pleaded that the respondent herein was removed by the companypetent authority.
The learned single Judge numbered the provisions of the Railway Protection Force Act, 1957 hereinafter referred to as the Act as well the Railway Protection Force Rules, 1959 hereinafter referred to as the Rules .
In this view of the matter the removal order dated 5th August, 1982 as well as the appellate order dated 24th January, 1983 were quashed.
450 of 1990 and S.L.P. Civil No.
The order of removal dated 20th August, 1980 was passed by the Assistant Security Officer.
The order of removal dated 5th August, 1982 was also passed by the Assistant Security Officer.
Appeal arising out of S. L. P. Civil No.
The Division Bench took the view that the order of removal passed against the respondent herein was by a subordinate officer to that of the appointing authority i.e. the Chief Security Officer and is in patent violation of Article 311 1 of the Constitution.
In pursuance of this order the respondent had undergone a training and thereafter posted as Rakshak in the Railway Protection Force.
With the companysent of learned Counsel for the parties the appeals are being disposed of.
The High Court upheld that decision.
In the appeal arising out of S.L.P. Civil No.
7584 of 1991 the authority has produced before us the original order of appointment of the respondent herein along with 33 others passed by the Assistant Security Officer, N. E. Railway, Lucknow Junction dated 21 February, 1973 whereby the respondent herein, subject to his passing the prescribed training for R. P. F. Rakshaks, and having been found medically fit, was enlisted as Rakshak.
Yogeshwar Dayal, J. Heard.
It was alleged by him that he was appointed in the year 1965 as Rakshak by the Assistant Security Officer and the appointment was made after the approval of the Chief Security Officer.
As per the facts found by the learned single Judge the respondent was dismissed from service by the Assistant Security Officer, Railway Protection Force after the departmental enquiry.
The Union of India have companye up in the present appeals.
This order will dispose of the two appeals arising out of S.L.P. Civil No.
In Civil Appeal arising out of S. L. P. C No.
Special leave granted in both the matters.
621 of 1988 decided by a single Judge of the Lucknow Bench of the Allahabad High Court dated 19th December, 1988.
After exhausting the departmental remedies he filed a suit for declaration stating that the order of dismissal was void as it was passed by an authority subordinate to the appointing authority.
450 of 1990 the matter has arisen out of a second appeal Second Appeal No.
7584 of 1991.
