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TMI BlogOfficer, Subordinate, Officer subordinateX X X X Extracts X X X X X X X X Extracts X X X X ..... ssion "subordinate" In P. Ramanatha Aiyar's Advanced Law Lexicon Volume 4 (6th Edition) reads thus: "Subordinate" defined. Act 24, 1859, section 1; Mad Act 3, 1909, section 2. Belonging to an inferior rank, grade, class or order; dependent upon the authority or power of another [Section 121, Indian Evidence Act (1 of 1872)]; a person or thing that is ranked lower. By the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the functions with which the business or transaction is concerned. An Assistant Controller of Imports in the office of the Joint Chief Controller of Imports and Exports is a subordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of employer as defined in section 2(1)(f), and no order of compensation can be made against him. Raghunath Sahai v Sarup Singh, MLJ : QD (1961-1965) Vol V C1952-1953 : 1962 All LJ 104 : 1962 All WR (HC) 91 : (1962) 1 LLJ 19 : (1961) 3 Fac LR 445 : (1962-63) 23 FJR 624 : AIR 1962 All 620 [Workmen's Compensation Act (8 of 1923), section 2(1)(f)] The word 'subordinate' also means judicial or quasi judicial administrative subordination to the Director of consolidation. Ram Narain v Director of Consolidation, AIR 1965 All 172, 173. [U.P. Consolidation of Holdings Act (5 of 1954), section 48 (as amended in 1963), section 48] The provisions made in Section 133-A were already there when Section 44-A was added to the Act by the Madras Act (XX o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not with reference to the functions exercised. Consequently when no officer of equal rank to the appointing officer is available then the order of dismissal or removal will have to be passed by an officer of superior rank. In no circumstances can such an order be passed by an officer of lesser rank. Any rule or statute which permits such an action must be held to be ultra vires as infringing the provisions of Article 311(1) of the Constitution. Gurmukh Singh v UOI, New Delhi, MLJ : QD (1961-1965) Vol.II C1050 : 65 Punj LR 964 : AIR 1963 P&H 370 For the purposes of transfer applications of suits from the Original Side of the High Court the Judge sitting on the original side is subordinate to the appellate side of the High Court. (AIR 1923 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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