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2006 (4) TMI 260 - SC - Indian LawsWhether the removal of the respondent from service was by a competent authority? Whether the appellant had been removed from the service by an authority subordinate to that which had appointed him in violation of article 311(1) of the Constitution? Held that:- Appeal allowed. The right under article 311(1) is vested in an employee on the date of his appointment and that subsequent authorisation of any subordinate officer would not confer the power on such subordinate officer to remove the employee. Secondly, merely because the subordinate officer was vested with the power to appoint would not make him equal in rank with the officer making the appointment. In other words, the Divisional Engineer did not cease to be subordinate to the Chief Electrical Engineer merely because the latter’s power to make appointment to the post had been delegated to him.
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