SHER BAHADUR Vs. UNION OF INDIA
LAWS(SC)-2002-8-52
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on August 16,2002

SHER BAHADUR Appellant
VERSUS
UNION OF INDIA Respondents


Cited Judgements :-

UNION OF INDIA VS. JANARDAN MOHANTY [LAWS(ORI)-2022-11-97] [REFERRED TO]
PRADEEP KUMAR MODI THROUGH L.R. MS. VIMLESH MODI VS. WATER RESOURCE DEPARTMENT [LAWS(MPH)-2020-1-107] [REFERRED TO]
SHYAMAL KUMAR DAS GUPTA VS. BANGIYA GRAMIN VIKASH BANK [LAWS(CAL)-2014-11-38] [REFERRED TO]
RAKESH PAL RANA VS. UNION OF INDIA (UOI) AND ANR. [LAWS(J&K)-2008-4-25] [REFERRED TO]
Bansh Narayan Vishwakarma VS. State of U. P. and others [LAWS(KAR)-2008-5-24] [REFERRED TO]
JAGANNATH ADHIKARY VS. WEST BENGAL STATE ELECTRICITY BOARD [LAWS(CAL)-2014-2-73] [REFERRED TO]
KALEEM VS. STATE OF U.P. [LAWS(ALL)-2014-8-230] [REFERRED TO]
NATIONAL THERMAL POWER CORPORATION LTD VS. PARMESHWAR PRASAD [LAWS(DLH)-2012-5-49] [REFERRED TO]
GOVIND S/O BAPURAO MESHRAM, NAGPUR VS. CENTRAL ADMINISTRATIVE TRIBUNAL, BOMBAY AND ORS. [LAWS(BOM)-2014-7-372] [REFERRED TO]
FAROOQUE AHMAD VS. U P STATE ROAD TRANSPORT CORPORATION [LAWS(ALL)-2008-5-196] [REFERRED TO]
TAMIL NADU NEWSPRINT AND PAPER LTD VS. RAMA DAMODARAN [LAWS(MAD)-2004-12-4] [REFERRED TO]
DHARMENDRA KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-9-102] [REFERRED TO]
D.V. SINGH VS. RAJASTHAN STATE MINES AND MINERALS LIMITED [LAWS(RAJ)-2017-1-164] [REFERRED TO]
SHRIRAM VERMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-2-5] [REFERRED TO]
OM PRAKASH JOSHI VS. STATE AND ORS. [LAWS(RAJ)-2013-11-184] [REFERRED TO]
K SUBRAMANIAN VS. TAMIL NADU ELECTRICITY BOARD [LAWS(MAD)-2008-6-17] [REFERRED TO]
GYANENDRA KUMAR VS. INDIAN OVERSEAS BANK AND 4 ORS [LAWS(ALL)-2018-5-789] [REFERRED TO]
STATE OF WEST BENGAL VS. AMARENDRA KUMAR SINGH [LAWS(CAL)-2023-10-46] [REFERRED TO]
UNION OF INDIA VS. RAMKRIPAL JAGANNATH EX KHALASI OF THE CHIEF [LAWS(GJH)-2004-4-32] [REFERRED TO]
RAMESH KUMAR VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2007-5-254] [REFERRED TO]
TRIPURARI DUTT PANDEY VS. DY CHIEF MANAGER U P STATE ROAD TRANSPORT CORPORATION [LAWS(ALL)-2005-11-79] [REFERRED TO]
RAM LAL VS. MANAGING DIRECTOR U.P. COOPERATIVE BANK LTD [LAWS(ALL)-2010-5-149] [REFERRED TO]
NARENDRA KUMAR PANDEY VS. STATE BANK OF INDIA [LAWS(ALL)-2011-9-114] [REFERRED TO]
CHUNILAL C. MANVAR VS. UNION OF INDIA [LAWS(CA)-2014-9-13] [REFERRED TO]
RAVINDER SINGH THROUGH LRS VS. UNION OF INDIA [LAWS(DLH)-2013-5-53] [REFERRED TO]
R.S. PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-1-243] [REFERRED TO]
MEENA PRATAP AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-6-552] [REFERRED TO]
ANTAR SINGH PARIHAR VS. STATE OF M.P. [LAWS(MPH)-2019-2-237] [REFERRED TO]
P SURYANARAYANA VS. FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD [LAWS(KER)-2018-7-47] [REFERRED TO]
BABUBHAI K JOSHI VS. GUJARAT STATE WAREHOUSING CORPORATION [LAWS(GJH)-2004-9-104] [REFERRED TO]
SURAT MUNICIPAL CORPORATION VS. CHHOTUBHAI D VASHI [LAWS(GJH)-2002-10-22] [REFERRED]
LAL BABOO VS. STATE [LAWS(ALL)-2011-3-293] [REFERRED TO]
SWAMI PRASAD YADAV VS. STATE OF M P [LAWS(MPH)-2011-2-82] [REFERRED TO]
O ARUMUGAM VS. PANDIYAN GRAMA BANK [LAWS(MAD)-2009-12-119] [REFERRED TO]
V V KAMATH VS. ASSISTANT GENERAL MANAGER BANK OF BARODA [LAWS(KAR)-2006-9-29] [REFERRED TO]
CONSTABLE NO. 817 NAND LAL SINGH VS. U.P. STATE PUBLIC SERVICES TRIBUNAL AND ORS. [LAWS(ALL)-2007-3-347] [REFERRED TO]
VIJAY SHANKER TEWARI VS. FOOD CORORATION OF INDIA [LAWS(ALL)-2006-7-169] [REFERERD TO]
BISWANATH BHATTACHARJEE VS. UNITED BANK OF INDIA [LAWS(CAL)-2008-12-47] [REFERRED TO]
V. VIKRAMAN VS. UNION OF INDIA [LAWS(DLH)-2017-4-141] [REFERRED TO]
KRISHNA KANHAIYA VS. UNION OF INDIA [LAWS(CHH)-2019-7-200] [REFERRED TO]
C D VENKATARAMANA SHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2006-8-46] [REFERRED TO]
JAI PRAKASH NARAYAN VS. STATE OF BIHAR [LAWS(PAT)-2005-4-28] [RELIED UPON]
UNION OF INDIA VS. MADHUSUDAN PATHAK [LAWS(PAT)-2005-9-37] [REFERRED TO]
M MUTHURAJ VS. STATE [LAWS(MAD)-2010-10-540] [REFERRED]
UMESH S/O VITTAL BIRADAR VS. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE [LAWS(KAR)-2017-11-194] [REFERRED TO]
SUDHIR YASHWANT RANE VS. UNION OF INDIA [LAWS(CA)-2014-6-2] [REFERRED TO]
K.P.GUPTA VS. UNIVERSITY OF DELHI [LAWS(DLH)-2013-11-220] [REFERRED TO]
MD. ELYASH VS. UNION OF INDIA [LAWS(CAL)-2014-4-34] [REFERRED TO]
NIRMALA J JHALA VS. STATE OF GUJARAT [LAWS(GJH)-2004-8-19] [REFERRED TO]
BABU RAM VS. STATE OF U P [LAWS(ALL)-2007-3-105] [REFERRED TO]
KRISHNA CHOUDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-10-57] [REFERRED TO]
NARENDRA MOHAN ARYA VS. UNITED INDIA INSURANCE CO LTD [LAWS(SC)-2006-4-69] [REFERRED TO]
VIPIN PRATAP SINGH VS. STATE OF M P & OTHERS [LAWS(MPH)-2018-5-73] [REFERRED TO]
MOHD. AYOOB VS. COMMISSIONER OF POLICE [LAWS(TLNG)-2023-3-34] [REFERRED TO]
KAMATH V V VS. ASST GENERAL MANAGER BANK OF BARODA [LAWS(KAR)-2006-9-85] [REFERRED TO]
TULSI RAM MISHRA VS. STATE OF U.P. AND 5 OTHERS [LAWS(ALL)-2017-10-88] [REFERRED TO]
N BHOOPATHI VS. PRESIDING OFFICER LABOUR COURT [LAWS(MAD)-2010-1-83] [REFERRED TO]
SURESH KUMAR VS. STATE OF M P & OTHERS [LAWS(MPH)-2013-6-127] [REFERRED]
AJAY SINGH BHADOURIYA VS. M.P.HOUSING BOARD [LAWS(MPH)-2013-6-34] [REFERRED TO]
K THAYUMANAVAN VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2013-8-184] [REFERRED TO]
J. VENKATAMANI VS. PRINCIPAL SECRETARY - VIGILANCE-IV [LAWS(APH)-2022-4-47] [REFERRED TO]
AMRIT DEWAN VS. ASSAM STATE CO OPERATIVE MARKETING and CONSUMER FEDERATION LTD [LAWS(GAU)-2003-12-21] [REFERRED TO]
BIMALENDU BHAGABATI VS. ASSAM GOVT CONST CORPORATION LIMITED [LAWS(GAU)-2004-3-33] [REFERRED TO]
OM PRAKASH TIWARI VS. NATIONAL INSURANCE COMPANY LIMITED AND ORS. [LAWS(CAL)-2006-4-63] [REFERRED TO]
JALALUDDIN ANSARI VS. STATE OF U.P. [LAWS(ALL)-2013-5-323] [REFERRED TO]
VISHNU KUMAR GUPTA VS. HIGH COURT OF JUDICATURE FOR RAJASTHAN, JODHPUR AND ANOTHER [LAWS(RAJ)-2018-4-219] [REFERRED TO]
CHANDRA PATHAK VS. STATE OF BIHAR [LAWS(PAT)-2014-3-16] [REFERRED TO]
BAHADUR SINGH VS. CHANDIGARH ADMINISTRATION [LAWS(P&H)-2014-5-26] [REFERRED TO]
T SRINIVASARAO VS. ADDITIONAL DIRECTOR GENERAL OF POLICE ADMN AP HYDERABAD [LAWS(APH)-2010-2-20] [REFERRED TO]
T P SOWMITHRI VS. REGISTRAR HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-2009-12-97] [REFERRED TO]
R.V.NAGAMALLESWARA RAO VS. STATE OF A.P [LAWS(APH)-2023-1-69] [REFERRED TO]
G.SATYANARAYANA VS. THE EASTERN POWER DISTRIBUTION COMPANY OF A.P. [LAWS(APH)-2016-4-22] [REFERRED TO]
J. VENKATAMANI VS. PRL. SECY., VIGILANCE-IV DEPARTMENT, HYDERABAD [LAWS(APH)-2022-4-96] [REFERRED TO]
WORKMAN OF THANAI TEA ESTATE VS. MANAGEMENT OF THANAI TEA ESTATE [LAWS(GAU)-2012-6-133] [REFERRED TO]
K.K.AGARWAL VS. HOUSING COMMISSIONER, U.P.AVAS EVAM VIKAS PARISHAD [LAWS(ALL)-2014-1-58] [REFERRED TO]
SHANT DEO TRIPATHI VS. GENERAL MANAGER [LAWS(ALL)-2011-9-123] [REFERRED TO]
ANIL KUMAR MISHRA VS. ORIENTAL BANK OF COMMERCE AND OTHERS [LAWS(CAL)-2019-4-196] [REFERRED TO]
NAND LAL SINGH VS. U P STATE PUBLIC SERVICES TRIBUNAL [LAWS(ALL)-2007-3-61] [REFERRED TO]
ATAM PRAKASH VS. STATE OF U P [LAWS(ALL)-2008-9-22] [REFERRED TO]
DEV VRAT MISHRA VS. STATE OF M P [LAWS(MPH)-2016-8-188] [REFERRED]
INTEGRAL COACH FACTORY VS. V PRABHAKARAN [LAWS(MAD)-2004-8-111] [REFERRED TO]
P RAMACHANDRAN VS. DEPUTY COMMISSIONER OF POLICE CRIME AND TRAFFIC [LAWS(MAD)-2011-2-739] [REFERRED TO]
OM KANWAR VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2015-9-133] [REFERRED TO]
BHUPENDRA KUMAR MISRA L P MISRA VS. MANAGING DIRECTOR UTTAR PRADESH FINANCIAL CORPORATION AND ASSISTANT GENERAL [LAWS(ALL)-2005-12-84] [REFERRED TO]
ASHOK KUMAR DAS VS. NATIONAL INSTITUTE OF HOMOEOPATHY [LAWS(CAL)-2009-9-59] [REFERRED TO]
BANSH NARAYAN VISHWAKARMA VS. STATE OF U P [LAWS(ALL)-2008-5-109] [REFERRED TO]
RAMESH CHANDER VS. UNION OF INDIA & ANR. [LAWS(DLH)-2016-7-178] [REFERRED TO]
LALRAMDINTHARA VS. STATE OF MIZORAM [LAWS(GAU)-2011-11-11] [REFERRED TO]
DEEN BANDHU (DECEASED) VS. STATE OF U P [LAWS(ALL)-2014-3-354] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
LAXMAN SINGH SOLANKI VS. GOVERNOR OF NCT OF DELHI [LAWS(DLH)-2007-3-41] [REFERRED TO]
VISHWA BHARTI ARYA VS. STATE OF U P [LAWS(ALL)-2008-9-21] [REFERRED TO]
K C KOHLI VS. UNION OF INDIA [LAWS(DLH)-2006-5-83] [REFERRED TO]
SHREE RENUKA SUGARS LTD. VS. COMMISSIONER OF CUSTOMS, MANGALORE [LAWS(CE)-2012-4-42] [REFERRED TO]
OM PRAKASH SRIVASTAVA VS. HONBLE HIGH COURT OF JUDICATURE OF ALLAHABAD & 5 ORS [LAWS(ALL)-2016-7-254] [REFERRED]
KISHAN LAL VS. DELHI DEVELOPMENT AUTHORITY [LAWS(CA)-2014-8-9] [REFERRED TO]
HARILAL A. MAHIDA VS. CHAIRMAN CUM MANAGING DIRECTOR [LAWS(CA)-2014-9-14] [REFERRED TO]
W BIRBAL SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2007-2-20] [REFERRED TO]
ARIBAM PRIYAGOPAL SHARMA VS. UNITED BANK OF INDIA [LAWS(GAU)-2011-6-75] [REFERRED TO]
RADHE SHYAM SAXENA VS. STATE OF U P [LAWS(ALL)-2012-6-21] [REFERRED TO]
DILIP SAGAR VS. DEPUTY GENERAL MANAGER SYNDICATE BANK [LAWS(GJH)-2004-8-28] [REFERRED TO]
EAST INDIA HOTEL LTD VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL II TIS HAZARI [LAWS(DLH)-2006-10-103] [REFERRED TO]
BHOOVANACHANDRAN P N VS. STATE OF KERALA [LAWS(KER)-2005-2-87] [REFERRED TO]
VIDHYARAM VERMA VS. STATE OF M P & OTHERS [LAWS(MPH)-2013-6-123] [REFERRED]
AJIT MOHAN DIXIT VS. STATE BANK OF INDORE & OTHERS [LAWS(MPH)-2013-7-373] [REFERRED]
J. SHANTHA LINGAM VS. COMMISSIONER [LAWS(MAD)-2023-6-57] [REFERRED TO]
NAVAL SINGH YADAV VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2017-6-19] [REFERRED TO]
NARAYAN PATNAIK VS. STATE OF ORISSA [LAWS(ORI)-2009-3-19] [REFERRED TO]


JUDGEMENT

Syed Shah Mohammed Quadri, J. - (1.)Leave is granted.
(2.)The unsuccessful appellant before the High Court of Judicature at Allahabad assails the order of a Division Bench dismissing Civil Misc. Writ Petition No. 53498 of 2000 on May 16, 2001.
(3.)The appellant claims that he had worked as a casual labourer during the period May 25, 1978 to November 23, 1979 under IOW/ALD,. However, by order dated May 19, 1989 he was re-engaged along with three others by Mr. Ajit Singh, A. P. O. (Const.). Northern Railway, Kashmiri Gate, Delhi. It is further claimed that on December 20, 1990 he was medically examined and, having been found fit, he was granted temporary status on the post of khalasi in regular pay scale. While so, the Senior Civil Engineer (Const.). Northern Railway, Kanpur, U.P. (Respondent No. 4) issued a charge-sheet memo alleging that he has fraudulently secured the said appointment letter duly signed by the said A.P.O. (Const.) without having worked prior to 1981 and/or without the specific and personal approval of General Manager or both and in that he had contravened Rule 3.1 (i) (ii) and (iii) of Railway Services (Conduct) Rules, 1966. He denied the charge. A regular enquiry was conducted and the appellant was found guilty of the charge. On December 13, 1994 the disciplinary authority imposed on the appellant punishment of dismissal from service with immediate effect under Rule 6 (vii) to (ix) of Railway Servants (Discipline and Appeal) Rules, 1986. The appellant challenged the validity of the said order of dismissal in Original Application No. 1911 of 1994 before the Central Administrative Tribunal, Allahabad Bench, Allahabad. The Tribunal dismissed the said application by order passed on August 22, 2000 which was impugned in the afore-mentioned writ petition before the High Court of judicature at Allahabad. It is against the order of the dismissal of the said writ petition by the High Court dated May 16, 2001, that the appellant is in appeal in this Court.


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