Supreme Court of India

Moti Ram Deka Etc. v. General Manager, N.E.F. Railways, Maligaon, Pandu, Etc.

Neutral citation

Reported as [1964] 5 S.C.R. 683

Bench P.B. Gajendragadkar J.

Decided 5 December 1963

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result I am unable to agree that (1) [1958] S.C.R. 571. (2) [1958] S.C.R. 1052. (3) [1961] S.C.R. 88. (4) [1953] S.C.R. 655. 794 SUPREME COURT REPORTS [ 1964] 1963 Rule 148(3) was invalid as infringing the guarantee --- of constitutional protection under Art. 311(2).

Judgment, page 111

From the headnote

Civil Service-Termination of services of a permanent servant Validity of Rules 148(3) and 149(3) of the Railway Establishment Code vis-a-vis Art. 311(2)-If Rules violate Art. 14-Scope of exer cise of Pleasure of President-Basis of superannuation-Rule com pulsory retirement when can be applied-Constitution of India, 1950, Arts. 14, 310, 311(2}--Indian Railway Establishment Code, Vol. I, Rules 148(3), 149(3). Moti Ram Deka was a peon employed by the North East Fron tier Railway and Sudhir Kumar Das was a confirmed clerk. The General Manager, North East Frontier Railway, terminated their

Authorities it was built on

1958 Shri Ram Krishna Dalmia v. Shri Justice S. R. Tendolkar & Others cited by 108
1957 P. Balakotaiah v. The Union of Indla and Others cited by 17
1957 The State of Bombay v. Saubhagchand M. Doshi cited by 12
1957 Hartwell Prescott Singh v. The Uttar Pradesh Government and Others. cited by 4

Where later benches applied it

2014 Union of India and Others v. Major S.P. Sharma and Others relied on
2018 Canara Bank v. N. G. Subbaraya Setty & Anr. referred to
2009 Kamal Nayan Mishra v. State of M.P. & Ors. distinguished
2018 State of Uttar Pradesh & Ors. v. Achal Singh not applicable

Of those, 1 relied on · 1 distinguished · 1 referred to · 1 not applicable

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