ALOK KUMAR ROY versus DR. S. N. SARMA AND ANR.

ALOK KUMAR ROY versus DR. S. N. SARMA AND ANR.

A High Court Judge heading a temporary Commission of Inquiry does not demit office as a Judge and may sit as a Judge when not occupied by commission duties. Even if the presentation of a writ petition is irregular (outside the seat of the High Court), resubmission at the seat cures the irregularity, and dismissal solely on that ground is not justified. Judicial remarks against a colleague must be restrained and justified.

Parties
Appellant: Alok Kumar Roy; Respondents: Dr. S. N. Sarma and Another
Jurisdiction
India
Judgment Date
19 October 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From Assam and Nagaland High Court Judgment Dated May 24, 1967 in Civil Rule No. 425 of 1966
Outcome
Appeal allowed
Legal Topics
Jurisdiction of High Court Judges, Commission of Inquiry, Vacation Sittings, Propriety and Judicial Decorum
Judicial Procedure Administrative Law Jurisdiction of High Court Judges Commission of Inquiry Vacation Sittings Propriety and Judicial Decorum

Case Brief

Summary, issues, holding and outcome

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Parties

Alok Kumar Roy

Appellant

Dr. S. N. Sarma and Another

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Assam and Nagaland High Court Judgment Dated May 24, 1967 in Civil Rule No. 425 of 1966

Legal Issues

  1. 1 Whether a High Court Judge heading a Commission of Inquiry can act as a Judge of the High Court simultaneously
  2. 2 Whether High Court Judge can pass orders at a place other than seat of High Court
  3. 3 Propriety of remarks against a colleague Judge

Ratio Decidendi

A High Court Judge heading a temporary Commission of Inquiry does not demit office as a Judge and may sit as a Judge when not occupied by commission duties. Even if the presentation of a writ petition is irregular (outside the seat of the High Court), resubmission at the seat cures the irregularity, and dismissal solely on that ground is not justified. Judicial remarks against a colleague must be restrained and justified.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dismissing the writ petition is set aside
  • High Court directed to reconsider admission of petition, treating it as presented on the date it reached Gauhati