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1995 Supreme(SC) 1044

S.B.MAJMUDAR, B.P.JEEVAN REDDY
Union Of India – Appellant
Versus
M. Bhaskaran: G. Radhakrishnan: C. Devan – Respondent


Advocates:
A.D.N.Rao, ARVIND SHARMA, K.M.NAYAR

Judgement

S.B. MAJMUDAR, J. :- Leave granted in these petitions.

2. By consent of learned advocates appearing for respective parties the appeals were taken up for final hearing.

3. The short question involved in these three appeals is as to whether the respondent-workmen who had obtained employment in Railway service run by appellant-Union of India, on the basis of bogus and forged casual labourer service cards could be continued in Railway service once such fraud was detected by the Railway authorities. The Central Administrative Tribunal, Ernakulam Bench has taken the view that as the aforesaid misconduct of the respondent-Railway employees does not fall within the forecorners of Rule 3(1) (i) and (iii) of Railway Services (Conduct) Rules 1966 (hereinafter referred to as the Rules), the orders of removal from service passed against the respondents could not be sustained and they were entitled to be reinstated in Railway service with all consequential benefits. The aforesaid view of the Tribunal is brought on the anvil of scrutiny in the present proceedings moved by the appellant-Union of India and the concerned Railway authorities under whom the respondent-workmen worked at the r










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