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Apr 22 1955

M.M. Siddique Vs. Union of India (Uoi) (Railway Dept.) Through General ...

Court : Allahabad

Decided on : Apr-22-1955

Subject : Service

Acts : Railway Establishment Code - Rule 1708

Reported in : AIR1955All568

contract under Sub-clause (a) of Clause 3, and that because 'removal from service' is also a penalty under Rule 1708, State Railway Establishment Code the power to terminate a contract under that sub-clause can be exercised on behalf … under Sub-clause (c) of that clause or pursuant to any provision of the disciplinary rules of the State Railway Establishment Code. The first question which therefore, falls for decision is whether the Divisional Superintendent had authority to terminate the

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Jul 01 1970

Modji Ladhuji Vs. K.P. Vasu Nambeesan

Court : Gujarat

Decided on : Jul-01-1970

Subject : Labour and Industrial

Acts : Constitution of India - Articles 309, 311 and 311(2); Indian Railway Establishment Code - Rules 142 and 2237-A; State Railway Establishment Code - Rules 1708 and 1709; Government of India Act - Sections 24(3)

Reported in : [1971(22)FLR350]; (1971)ILLJ155Guj

terminated. The order termination services of the appellant was supported by the railways on the strength of rules 1708 and 1709 in Volume I of the State Railway Establishment Code which provided that where inefficiency of a … of powers conferred by the proviso to Article 309 of the Constitution of India, has issued the Indian Railway Establishment Code. Volume I of the said code Code contains rules governing conditions of service of the railway employees. Rule

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Jul 16 1969

M.M. Dutta Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jul-16-1969

Subject : Service

Acts : Railway Establishment Code - Rules 1707, 1708, 1712 and 1716

Reported in : AIR1969Cal604

Discipline Rules.6. The various penalties which may be imposed upon a Railway servant, under Rule 1707 of the Railway Establishment Code, volume I, are divided into two categories, for procedural purposes; major and minor, and the two different sets … that is to deter mine which procedure must be followed in order to render the order valid. Thus Rule 1708 says:--'Without prejudice to the provisions of the Public Servants (Inquiry) Act, 1850, no order imposing on a railway

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Feb 04 1969

Railway Board Representing the Union of India (Uoi) Vs. Niranjan Singh

Court : Supreme Court of India

Decided on : Feb-04-1969

Subject : Labour and Industrial

Acts : Constitution of India - Articles 19, 19(1), 226 and 311; Indian Railway Establishment Code - Rules 1702 and 1708

Reported in : AIR1969SC966; [1969(18)FLR300]; 1969LabIC1368; (1969)IILLJ743SC; (1969)1SCC502; [1969]3SCR548

called upon to show-cause why he should not be removed from service Under Rule 1708 of the Indian Railway Establishment Code Vol. I or punished with any lesser penalties specified in Rule 1702. After receiving his explanation an enquiry

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Feb 27 1970

Union of India (Uoi) Vs. Onkar Singh Johari

Court : Allahabad

Decided on : Feb-27-1970

Subject : ConstitutionService

Acts : Constitution of India - Article 311; Railways Establishment Code Staff Rules - Rules 1704, 1706 and 1708

Reported in : AIR1971All246; [1971(21)FLR261]

appointing authority can dismiss the employee in the absence of any statutory provision to the contrary. The Indian Railway Establishment Code, Chapter XVII, deals with Discipline and Appeal Rules (Non-gazetted) Staff. Rule 1702 enumerates the penalties that may be … may be dismissed and serious misconduct is one of them. Rule 1707 gives the procedure for dismissal and Rule 1708 enumerates the grounds on which the railway servant may be removed from service. Rule 1709 prescribes the procedure

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Jun 29 1962

Gangadhar Gurusiddappa Vs. Union of India (Uoi)

Court : Karnataka

Decided on : Jun-29-1962

Subject : ServiceConstitution

Acts : Constitution of India - Article 311 and 311(2)

Reported in : AIR1963Mys193; ILR1962KAR527

be removed from service or punished with any of the lesser penalties specified in Rule 1702 of the Railway Establishment Code and asking him to submit his explanation on or before 22-2-1950. The notice also intimated the plaintiff that … plaintiff, provided for termination of service or for dismissal from service on any of the grounds mentioned in Rule 1708. It is pertinent to note that the terms and conditions of his service as extracted from the agreement

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Aug 28 1958

Kishan Prasad Vs. the Union of India

Court : Kolkata

Decided on : Aug-28-1958

Subject : ServiceCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 80, 100 and 101; ;Evidence Act, 1872 - Section 114; ;Railway Establishment Code - Rules 148(3), 1707 and 1709; ;Government of India Act, 1935 - Section 240 and 240(3); ;Constitution of India - Articles 310, 311 and 311(2)

Reported in : AIR1960Cal264,64CWN272,(1960)IILLJ326Cal

observed this and then considered the question whether action had been taken under Rule 148 of the Indian Railway Establishment Code or under the disciplinary provisions of the Indian Railway Establishment Code contained in its Rules 1708 and 1709.

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Dec 11 1958

indreswar Handique Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Dec-11-1958

Subject : Service

Acts : Constitution of India - Articles 226, 311 and 311(2)

and showed gross discourtesy to a Railway Officer which amounted to serious misconduct under Rule 1708 of the Railway Establishment Code, Volume I. It was alleged that he behaved in a very rude and insulting manner towards the officer

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Jan 24 1955

Basant NaraIn Pandey Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Jan-24-1955

Subject : Labour and Industrial

Reported in : (1955)IILLJ754All

area, who was not one of the heads of departments as mentioned in Rule 1708 of the Indian Railway Establishment Code, Vol. I, although he was the person who appointed the appellant in service. Rule 1708 is as follows:1708.

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Apr 26 1957

Bireshwar Chakravarti Vs. L.N. Kaula and ors.

Court : Allahabad

Decided on : Apr-26-1957

Subject : Service

Acts : Constitution of India - Articles 226 and 227; High Court Rules; High Court Orders; Allahabad High Court Rules - Rule 5; Railway Establishment Code - Rules 1706, 1707 and 1711; Evidence Act, 1872 - Sections 101 to 104 and 114

Reported in : AIR1957All671

upon to show cause why you should not be removed from service under Rule 1708 of the Indian Railway Establishment Code, Volume I of the rules regulating discipline and rights of appeal of non-gazetted Railway servants or punished with

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