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1979 Supreme(SC) 307

E. S. VENKATARAMIAH, S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD
Krishna Kumar – Appellant
Versus
Divisional Assistant Electrical Engineer – Respondent


Advocates:
D.K.GARG, EDVARD FALRIRE, Girish Chamira, R.K.GARG, R.P.BHATT, V.J.Francis

Judgment

CHANDRACHUD, CJI.:- The appellant, Krishna Kumar, was appointed on May 30, 1966 as an Apprentice Mechanic (Electrical) after selection by the Railway Service Commission and on the completion of his training period, he was appointed as a Train Examiner (Electrical). On July 11, 1974 he was appointed as a Train Lighting Inspector, Nagpur under an order passed by the Chief Electrical Engineer. That the order of appointment was made by the C. E. E. is undisputed and indeed there can be no controversy over it. The list of officers declared to be heads of departments shows that Chief Electrical Engineers are heads of their departments. By an order dated August 31, 1976, the appellant was removed from service by respondent 1, the Divisional Assistant Engineer, Central Railway, Nagpur.

2. The appellant thereupon filed a Writ Petition (No. 4260 of 1976) in the Bombay High Court to challenge the order of removal. A Division Bench of the Nagpur Bench of the High Court dismissed the Writ Petition summarily on October 21, 1976. Being aggrieved by that order the appellant has filed this appeal by special leave.

3. The Special Leave Petition came us before this Court on February 22, 1978 wh









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