Nelson Motis vs Union Of India And Another on 2 September, 1992
13. The case of Divisional Personnel Officer, Western Railway, Kota v. Sunder Dass , is again of no help. The facts stated in the judgment leave no room for doubt that the question which has been agitated before us did not arise for consideration there, as the Government servant was actually under suspension earlier. Interpreting the relevant rules of Indian Railway Establishment Code the Supreme Court agreed with the Department and allowed the appeal against the Government servant.