In Brief
A Railway employee was removed from service in 1977 by an Assistant Security Officer after a departmental enquiry, though his appointment letter was not available. The employee challenged the removal, and after contradictory decisions in the lower courts, the High Court upheld the dismissal. However, the Supreme Court held that since the appointment letter was missing, the General Manager was the presumed appointing authority under Railway Board guidelines. Only the General Manager or a senior officer could remove such an employee—not a subordinate Assistant Security Officer. As the removal order was invalid yet 37 years had passed and the employee had died, the Court awarded Rs. 5 lakhs to his widow as full and final settlement instead of remanding the case."
The lawyer headnote and full judgment text are available to registered users.