Summary
- The Supreme Court has clarified that under Article 311(1), a government employee can be removed by an authority other than the one that appointed them, as long as the removing authority is not subordinate in rank.
- In Union of India & Ors. v. Ramdhani Prasad, the Court determined that the respondent was appointed by the Assistant Commandant, allowing for removal by an Adjutant of equal rank.
- The ruling emphasizes the importance of identifying the operative appointment order and clarifies that preliminary communications do not constitute formal appointments.
- This decision reinforces that Article 311(1) prohibits removal only by a subordinate authority, thus shaping future interpretations of employee protections in government service.
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