B.K.RATHI, J. - (1.) THIS is an appeal under Section 100 of CPC against the judgment and decree of the Appellate Court dated 18 -3 -1993 passed in Civil Appeal No. 78 of 1991.
(2.) I have heard Sri Anil Kumar Sharma, learned Counsel for the appellant and Sri Jagan Nath Singh for the respondents. There is no dispute regarding the facts of the case which may briefly be narrated as follows : The appellant was working as 'Rakshak' in Railway Protection Force. Disciplinary proceedings were started against him and after completion of enquiry he was removed from the service by Assistant Security Officer. The appellant preferred an appeal against that order before the Commandant Railway Protection Force, which has also been dismissed. Therefore, the appellant filed a suit for declaration that the order of removal dated 22 -5 -1985 as well as the order of Appellate Court dated 25 -9 -1986 are illegal and void and that he be treated in service and is also entitled to the salary and the other benefits of service. The respondents contested the suit and alleged that the appellant was rightly dismissed from the service. The trial Court framed necessary issues and decreed the suit and held that the order of dismissal dated 22 -5 -1985 as well as the order of the appellate Court dated 25 -9 -1986 are illegal and he shall be deemed to be in service and is entitled to pay and other benefits. Against that judgment and decree the respondents preferred an appeal which has been allowed by the impugned judgment dated 18 -3 -1993 and the suit of the appellant has been dismissed.
(3.) THE only point argued before me in this appeal is that the appointing authority of the appellant is Chief Security Officer, respondent No. 3 but the order of removal has been passed by Assistant Security Officer. That therefore, the order is without jurisdiction. Therefore, the following substantial question of law arises for decision in this appeal : Whether the order of Assistant Security Officer removing the appellant from service is without jurisdiction?;