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Moti Ram Deka Etc. Vs. General Manager, N.E.F. Railways, Maligaon, Pandu, Etc. - Court Judgment

LegalCrystal Citation
SubjectService;Constitution
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1964SC600; (1964)IILLJ467SC; [1964]5SCR683
ActsConstitution of India - Articles 14, 310 and 311(2); Indian Railway Establishment Code - Rules 148(3) and 149(3)
AppellantMoti Ram Deka Etc.
RespondentGeneral Manager, N.E.F. Railways, Maligaon, Pandu, Etc.
Excerpt:
.....the nature of work they do- if any rule permits the appropriate authority to retire compulsorily a civil servant without imposing a limitation in that behalf that such civil servant should have put in a minimum period of service, that rule would be invalid and the so-called retirement ordered under the said rule would amount to removal of the civil servant within meaning of article 311(2). - indian evidence act, 1872 section 3 :[dr.arijit pasayt, dr.mukundakam sharma & h.l.dattu,jj] circumstantial evidence murder case all incriminating facts and circumstances found to be incompatible with innocence of accused held, inference of guilt can be drawn. section 3: circumstantial evidence murder case - held, circumstances have to be shown to be connected with principal fact sought.....order by court 181. in accordance with the opinion of the majority civil appeals nos. 711-713 of 1962 and civil appeal no. 714 of 1962 are allowed with costs. the writ petitions filed by the four appellants in the three high courts are granted and orders directed to be issued in terms of the prayers made by them. civil appeals nos. 837-839 of 1963 are dismissed with costs. one set of hearing fees in each group.
Judgment:
ORDER

BY COURT

181. In accordance with the opinion of the majority Civil Appeals Nos. 711-713 of 1962 and Civil Appeal No. 714 of 1962 are allowed with costs. The writ petitions filed by the four appellants in the three High Courts are granted and Orders directed to be issued in terms of the prayers made by them. Civil Appeals Nos. 837-839 of 1963 are dismissed with costs. One set of hearing fees in each group.


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