MOTI RAM DEKA ETC. versus GENERAL MANAGER, N.E.F. RAILWAYS, MALIGAON, PANDU, ETC.

MOTI RAM DEKA ETC. versus GENERAL MANAGER, N.E.F. RAILWAYS, MALIGAON, PANDU, ETC.

Rules 148(3) and 149(3) of the Indian Railway Establishment Code are invalid as they contravene Articles 311(2) and 14 by permitting termination/removal of railway servants without compliance to constitutional protections and enabling arbitrary and discriminatory exercise of power over railway servants.

Parties
Applicant: Moti Ram Deka; Applicant: Sudhir Kumar Das; Applicant: Priya Gupta; Applicant: Tirath Ram Lakhanpal; Respondent: S.B. Tewari; Respondent: Parimal Gupta; Respondent: Prem Chand Thakur; Respondent: General Manager, North East Frontier Railway, Maligaon, Pandu, etc.; Respondent: Union of India
Jurisdiction
India
Judgment Date
05 December 1963
Procedural Posture
Civil Appeals by Special Leave / Supreme Court Final Judgment
Outcome
Civil Appeals 711-713 of 1962 and Civil Appeal 714 of 1962 allowed; Civil Appeals 837-839 of 1963 dismissed.
Legal Topics
Termination of Service, Compulsory Retirement, Constitutional Protection to Civil Servants, Validity of Service Rules
Constitutional Law Service Law Administrative Law Termination of Service Compulsory Retirement Constitutional Protection to Civil Servants Validity of Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Moti Ram Deka

Applicant

Sudhir Kumar Das

Applicant

Priya Gupta

Applicant

Tirath Ram Lakhanpal

Applicant

S.B. Tewari

Respondent

Parimal Gupta

Respondent

Prem Chand Thakur

Respondent

General Manager, North East Frontier Railway, Maligaon, Pandu, etc.

Respondent

Union of India

Respondent

Procedural Posture

Civil Appeals by Special Leave / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Rules 148(3) and 149(3) of the Indian Railway Establishment Code violate Articles 14 and 311(2) of the Constitution of India
  2. 2 Whether the rules permit unlawful termination/removal of permanent railway servants
  3. 3 If the rules constitute discrimination under Article 14

Ratio Decidendi

Rules 148(3) and 149(3) of the Indian Railway Establishment Code are invalid as they contravene Articles 311(2) and 14 by permitting termination/removal of railway servants without compliance to constitutional protections and enabling arbitrary and discriminatory exercise of power over railway servants.

Court Disposition

Civil Appeals 711-713 of 1962 and Civil Appeal 714 of 1962 allowed; Civil Appeals 837-839 of 1963 dismissed.

Orders

  • Writ petitions filed by four appellants in three High Courts are granted and orders directed to be issued in terms of prayers made by them.
  • Appeals 837-839 of 1963 dismissed with costs.