Union Of India vs Ramdhani Prasad

Union Of India vs Ramdhani Prasad on 24 September, 2026 Author: Aravind Kumar Bench: Aravind Kumar 2026 INSC 1047 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2026 (Arising out of SLP (C) No. 13645 of 2023) UNION OF INDIA & ORS. … APPELLANTS VERSUS RAMDHANI PRASAD … RESPONDENT JUDGMENT VIPUL M. PANCHOLI, J. 1. Leave granted. 2. The present appeal assails the judgment and order dated 12.01.2023 passed by the High Court of Judicature at Allahabad in Second Appeal No. 676 of 1991, whereby the High Court dismissed the second appeal preferred by the present appellants and affirmed the judgment and order dated 07.12.1990 passed in Civil Appeal No. 30 of 1989 by the learned Additional Civil Judge, Signature Not Verified Digitally signed by RAHUL KUMAR Date: 2026.09.24 Gorakhpur (for brevity, “the First Appellate Court”). The High 16:59:19 IST Reason: Court held that the respondent had been appointed as a ‘Rakshak’ 1 in the Railway Protection Special Force (for brevity, “the RPSF”) by the Commandant/Chief Security Officer and therefore, his removal by the subordinate authority i.e. the Adjutant/Assistant Commandant, was in violation of Article 311(1) of the Constitution of India (for brevity, “the Constitution”). 2.1. The First Appellate Court allowed the appeal preferred by the present respondent and reversed the judgment and order dated 03.12.1988 passed in Case No. 2662 of 1986 by the learned Additional Munsif Magistrate, Gorakhpur (for brevity, “the Trial Court”). The First Appellate Court held that the re…