servant-Validity of Rules 148(3) and 149(3) of the Railway
Establishment Code vis-a-vis Art. 311(2) -If Rules violate ... applied-Constitution of India, 1950, Arts. 14, 310, 311(2)-
Indian Railway Establishment Code, Vol 1, Rules 148(3),
149(3).
HEADNOTE:
Moti Ram Deka
Constitution of India, Art. 309-Railway Establishment Code,
r. 157- Railway Board's Secretariat Clerical Service
(Reorganisation) Scheme framed in 1957 but made applicable ... arising for consideration at
all. [582 G]
(iii) The Indian Railway Establishment Code has been issued
by the President in exercise of the powers vested
General Manager,
N.E.F. Railways (1) where rules 148 (3) and 149 (3) of the
Indian Railway Establishment Code were held to contravene ... Court there held that a rule cannot
confer on the Railway administration power to terminate
service while at the same time laying down
rules contained 'in the Indian Railway
Establishment Code, Vol. I., were contravened. Rule 1609
reads
"As a general rule, in no circumstances,
should
Promotion and Selection Rules
(Non-Gazetted) framed under the Indian Railway Establishment
Code Every year, the number of vacancies that are likely to
occur during ... Selection Rules (Non-Gazetted) framed under para 158 of
the Indian Railway Establishment Code, Volume I (hereinafter
referred to as the rules). Every year
High Court has held that this deduction was made under the Railway Rule 2044 (F. R. 54) (1), and according to it since this rule ... framed by the Government of India, Ministry of Railways, and published in the Indian Railway Establishment Code, constitute statutory rules is clearly right. In fact
extended to any area (including Railway
areas) the powers and jurisdiction of members
of the Delhi Special Police Establishment for
the investigation of any offences ... enabled the Special Police Establishment to
investigate inter alia offences under sections 409 and 477-A
of the Indian Penal Code. A memorandum
The Automobile Transport(Rajasthan) ... vs The State Of Rajasthan And Others(And ... on 9 April
H. H. Maharajadhiraja Madhav Rao Jiwaji ... vs Union Of India on 15 December, 1970
Equivalent
I.C. Golak Nath And Ors. vs State Of Punjab And Anr. on 27 February
