Railway servant under Rule 143, the Railway Authorities were still competent to terminate his services under Rule 148(3) of the Railway Establishment Code ... held that the Railway Authorities were competent to take action under Rule 148 of the Railway Establishment Code, yet the terms of the notice issued
Supreme Court was Rule 2046(2) (a) of the Railway Establishment Code which read :
"A ministerial servant who is not governed by sub-clause ... rule.
(43) If Rule 2046 (2) (a) of the Railway Establishment Code had contained a provision similar to what is contained in paragraph
Railway Servant" means a Railway
servant as defined in clause 43 of Rule
103 of Volume I of the Indian Railway
Establishment Code (Fifth ... other
authority; (Emphasis supplied)
10. Rule 103 (43) of Indian Railway Establishment
Code, Volume - 1 (1985 Edition) defines "Railway Servant"
as follows
T.G. Srinivasa Murthy, Etc., Etc. vs Bharat Earth Movers Ltd. Etc., Etc. on 17
D. Cawasji And Co. vs State Of Mysore By Its Chief Secretary ... on 2 May
Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this ... Appeal) Rules and the rules contained in the Nizam State Railway Establishment Code which were adopted by the Corporation in its Resolution
argument, he has invited our attention to Rule 2003 of the Railway Establishment Code, Clause 2 of which defines 'average pay'. According ... earned during the 12 months immediately preceding the month in which a Railway servant proceeds on leave subject to a maximum of 75 per cent
would apply to K.S.R.T.C. (which was the concerned establishment in the said case).
7. Section 13-B of the Standing Orders ... Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this
Rules 148(3) and 149(3) contained in the Indian Railway Establishment Code in . In dealing with the problem raised in that case , this Court
petitioner, which are set out in Rule 6 of the Railway Discipline and Appeal Rules, but could not forfeit the past service.
7. As against ... doing so he had the power under Rule 153 of the Railway Establishment Code, Vol. I. The said Rule reads :
"153. No person
