SooperKanoon Citation | sooperkanoon.com/501742 |
Subject | Service;Constitution |
Court | Madhya Pradesh High Court |
Decided On | Jul-20-1959 |
Case Number | Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957 |
Judge | G.P. Bhutt, C.J. and ;T.C. Shrivastava, J. |
Reported in | AIR1960MP183 |
Acts | Constitution of India - Articles 309 and 311(1) |
Appellant | Balakdas Vithoba |
Respondent | Asst. Security Officer, S.E. Rly. and anr. |
Appellant Advocate | K.K. Dube, Adv. |
Respondent Advocate | J.N. Sinha, Adv. |
Disposition | Appeal allowed |
Cases Referred | Somasundaram v. State of Madras |
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Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. 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State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. 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Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. 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The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. 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Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]shrivastava, j.1. this order shall also dispose of the connected letters patent appeals nos. 31, 34 and 39, all of 1957. all these appeals are directed against the order of choudhuri j. refusing to interfere with the removal of the petitioners from service.2. it is not in dispute that all the petitioners are class iv employees of the railway administration and were appointed by the superintendent, watch and ward department, chakradharpur. in the year 1955, this department was given the name of security force, and the chief security officer was declared its head. rules governing the conditions of service of the security force were made by the president purporting to act under article 309 of the constitution of india. under these rules, the assistant security officer was designated as the.....Code Context}
//highest occurence of word in the judgement
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'balakdas-vithoba-vs-security-officer', 'args' => array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) ) $title_for_layout = 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p>Shrivastava, J.</p><p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. 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Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'balakdas-vithoba-vs-security-officer', 'args' => array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) ) $title_for_layout = 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Shrivastava, J.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p>Shrivastava, J.</p><p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. 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The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the Constitution of India. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. 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The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p>Shrivastava, J.</p><p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. 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Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p>Shrivastava, J.</p><p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'balakdas-vithoba-vs-security-officer', 'args' => array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) ) $title_for_layout = 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p>Shrivastava, J.</p><p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. 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Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. Sinha, Adv.', 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '1959-07-20', 'deposition' => 'Appeal allowed', 'favorof' => null, 'findings' => null, 'judge' => 'G.P. Bhutt, C.J. and ;T.C. Shrivastava, J.', 'judgement' => '<p style="text-align: justify;">Shrivastava, J.</p><p style="text-align: justify;">1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.</p><p style="text-align: justify;">2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p style="text-align: justify;">3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p style="text-align: justify;">4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p style="text-align: justify;">5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p style="text-align: justify;">6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p style="text-align: justify;">7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ), 'casename_url' => 'balakdas-vithoba-vs-security-officer', 'args' => array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) ) $title_for_layout = 'Balakdas Vithoba Vs Asst Security Officer S E Rly and anr - Citation 501742 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '501742', 'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 309 and 311(1)', 'appealno' => 'Letters Patent Appeal Nos. 29, 31, 34 and 39 of 1957', 'appellant' => 'Balakdas Vithoba', 'authreffered' => '', 'casename' => 'Balakdas Vithoba Vs. Asst. Security Officer, S.E. Rly. and anr.', 'casenote' => ' - ', 'caseanalysis' => null, 'casesref' => 'Somasundaram v. State of Madras;', 'citingcases' => '', 'counselplain' => 'K.K. Dube, Adv.', 'counseldef' => 'J.N. 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Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.</p><p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.</p><p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.</p><p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.</p><p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.</p><p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p></p><p>', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'AIR1960MP183', 'ratiodecidendi' => '', 'respondent' => 'Asst. Security Officer, S.E. Rly. and anr.', 'sub' => 'Service;Constitution', 'link' => null, 'circuit' => null ) ) $casename_url = 'balakdas-vithoba-vs-security-officer' $args = array( (int) 0 => '501742', (int) 1 => 'balakdas-vithoba-vs-security-officer' ) $url = 'https://sooperkanoon.com/case/amp/501742/balakdas-vithoba-vs-security-officer' $ctype = ' High Court' $caseref = 'Somasundaram v. State of Madras<br>' $content = array( (int) 0 => '<p>Shrivastava, J.', (int) 1 => '<p>1. This order shall also dispose of the connected Letters Patent Appeals Nos. 31, 34 and 39, all of 1957. All these appeals are directed against the order of Choudhuri J. refusing to interfere with the removal of the petitioners from service.', (int) 2 => '<p>2. It is not in dispute that all the petitioners are Class IV employees of the railway administration and were appointed by the Superintendent, Watch and Ward Department, Chakradharpur. In the year 1955, this department was given the name of Security Force, and the Chief Security Officer was declared its head. Rules governing the conditions of service of the Security Force were made by the President purporting to act under Article 309 of the <a>Constitution of India</a>. Under these rules, the Assistant Security Officer was designated as the appointing and dismissing authority of Class IV servants in the Security Force. All the petitioners were removed from service by the Assistant Security Officer acting under the powers conferred by these rules.', (int) 3 => '<p>3. The only point that has been urged before us against the orders of the learned Single Judge is that since the Assistant Security Officer is an authority below the rank of the Superintendent, Watch and Ward, his orders contravene Clause (1) of Article 311 of the Constitution.', (int) 4 => '<p>4. This is a case in which only the name of the department was changed, as was admitted in the return in paragraph 1. It was also admitted that the Superintendent, Watch and Ward, was the head of the department at that time, and now the Chief Security Officer is the head of the same department under the new name. Accordingly, it is only the Chief Security Officer who is equal in rank to the Superintendent, Watch and Ward.', (int) 5 => '<p>5. The learned Single Judge supported the orders that are impugned on the ground that the authority under the new rules to remove the petitioners being the Assistant Security Officer he had the power to remove them from service. The rules are certainly valid, and in some cases they are binding on employees who entered service before the rules were framed. However, the power under Article 309 to frame rules cannot be exercised so as to contravene Article 311(1) of the Constitution. The power of the Assistant Security Officer cannot, therefore, extend to dismiss employees who were appointed actually by a higher authority.', (int) 6 => '<p>6. The test whether Article 311(1) is contravened is not that the authority should be performing the same functions but that it should not be lower in rank than the authority that appointed a civil servant; Somasundaram v. State of Madras, (S) AIR 1956 Mad 419. Here the Assistant Security Officer not being the head of the department cannot be deemed to be of a rank equal to that of the Superintendent, Watch and Ward. Accordingly, the orders impugned cannot be maintained.', (int) 7 => '<p>7. The result is that all the appeals are allowed, and the orders removing the petitioners fromservice are set aside. In the circumstances of thecase, however, parties shall bear their own coststhroughout. The outstanding amounts of securityshall be refunded to the appellants.<p>', (int) 8 => '<p>' ) $paragraphAfter = (int) 1 $cnt = (int) 9 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109