ORDER :

1. The grievance of the appellant is with regard to the decision dated 3.2.2004 passed by the High Court of Judicature at Allahabad in Second Appeal No.519/1986.

2. The only issue before us is with regard to the authority to terminate the services of the appellant, who was terminated from service after a regular departmental enquiry and finding him guilty.

3. Interestingly, the appellant's letter of appointment, which was issued in the year 1957, was not on record and according to the appellant in his cross-examination before the trial court, it is stated that he was not issued any appointment letter.

4. The appellant was appointed in Class IV post as a Senior Rakshak with the Railways. Ordinarily, at that time the appointing authority was the General Manager. Since the appellant's letter is not on record, it is not clear whether the appellant was appointed by the General Manager or by an authority delegated by him. Be that as it may, in view of the departmental enquiry held against the appellant, he was removed from service by an order dated 12.9.1977 passed by the Assistant Security Officer, who is admittedly holding a lower post than a General Manager.

5. The appellant challe