Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Indian Railways Establishment Manual |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service lawIndian Railways Establishment Manual-Para 167-Appendix-II-Para 4(a).Railway Board's Circular dated 24.6.1986-Accounts Clerk Grade-I-Recruitment of-Condition of passing test during probation for confirmation-Failure to pass test within the prescribed time-Held liable to be discharged from service-Direction issued to give another chance-Circular held not in conflict with Para 167. The respondents were selected and appointed as Accounts Clerks Grade-I in the Northern Railway. In terms of Para 167 of Indian Railways Establishment Manual (IREM), during probation they were required to pass the test prescribed in Appendix-II and in para 4(a) therein. The letters of appointment clearly indicated that they were required to pass the test within the period of probation for confirmation and in the event of their failure to pass the prescribed examination within the time prescribed under the relevant para of IREM and the Railway Board's Circular dated 24.6.1986 they were liable to be discharged. On respondents' failure to pass the prescribed test their services were terminated. They challenged their termination before the Tribunal which held that the Circular dated 24.6.86 was in conflict with Para 167 of IREM and consequently quashed the termination orders.In appeals to this Court on the question whether Railway Board's Circular dated 24.6.86 was in conflict with Para 167 of IREM |
Judge | N/A |
Neutral Citation | 1995 INSC 205 |
Petitioner | Union Of India And Ors. |
Respondent | Raj Kumar Gupta And Ors. Etc. Etc. |
SCR | [1995] 2 S.C.R. 1000 |
Judgement Date | 1995-03-23 |
Case Number | 4480 |
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