provisions of cl. (i)
of r. 1704 of the Indian Railway Establishment Code, the
Deputy Chief Commercial Superintendent had the power to
remove the appellant ... Commercial
Superintendent of the North-Eastern Railway. Under r.
1705 cl. (c) of the Indian Railway Establishment Code no
railway servant is liable
Manager, with the approval of the Railway Board, as per r.
134 of the Indian Railway Establishment Code. While he was
officiating in that post ... Rule 1728.
2. Railway service
Class II
Rules 124 to 130 of the Indian Railway Establishment Code,
Vol. 1 deal with Recruitment and Promotion
para 2 of para 1344 (FR-54-A) of the Indian Railways Establishment Code treating this period as suspension, all benefits including retirement benefits ... respective parties and upon careful perusal of the Indian Railway Establishment Code as well as the relevant provisions of law, and the ratio decided
report under the Discipline and Appeal
Rules of the Indian Railway Establishment Code. The
Disciplinary Authority considered the record of inquiry,
issued the second show ... High Court cannot be sup-
ported. Section V of the Indian Railway Establishment Code,
Volume 1, lays down by several rules the procedure
allowances relying on Rule 2043 Section III paragraph 1 of the Railway Establishment Code, which is identical with the latter part of Rule 57. Wanchoo
Constitution and R. 1705(c) of the Railway Establishment Code cannot be read as implying that the removal must be by the very same authority ... Supreme Court held :~
"Rule 3(a) of the Railway Establishment Code is clear that Divisional Officers, Senior Scale, have the power to appoint class
Railway Administration but to put him under suspension because of the specific provisions in the Civil Service Regulations and State Railway Establishment Code to that ... rights of appeal, published under the authority of the East Indian Railway. Rule 11 (a) runs as follows:
"SUSPENSION--A Railway servant shall
served with summons under S. 68 of the Code of Criminal Procedure directing him to appear before the Court of Shri Hari Parkash Sharma, Magistrate ... been suspended in contravention of R. 1711 of the Indian Railway Establishment Code, Vol. I, and that his suspension had been ordered by an authority
Kolkata he tendered his resignation on 23rd
July, 2007. Under Indian Railway Establishment Code (volume 1) Rule 302 a
clearance from the vigilance was necessary ... order passed in any inquiry, trial, appeal or other proceedings.
Indian Railway Establishment Code (Vol. 1) chapter 3 deals with
termination of service. Paragraph
that Article 311 of the Constitution or Rule 1707 of the Railway Establishment Code were not attracted. Regarding these it was submitted that the orders ... reads as under:
Western Railway
Notice of imposition of a penalty (NIP) under Rule 1702 of the State Railway Establishment Code Vol I
(Appendix