JUDGMENT

YOGESHWAR DAYAL, J.:—Heard. Special leave granted in both the matters. With the consent of learned counsel for the parties the appeals are being disposed of.

2. This order will dispose of the two appeals arising out of S.L.P. (Civil) No. 450 of 1990 and S.L.P. (Civil) No. 7584 of 1991.

3. In the appeal arising out of S.L.P. (Civil) No. 450 of 1990 the matter has arisen out of a second appeal (Second Appeal No. 621 of 1988) decided by a single Judge of the Lucknow Bench of the Allahabad High Court dated 19th December, 1988. 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. 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.

4. 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. The order of removal dated 20th August, 1980 was passed by the Assistant Security Officer. The sui