RANJIT PRASAD SINHA versus STATE OF BIHAR & ANOTHER

RANJIT PRASAD SINHA versus STATE OF BIHAR & ANOTHER

In the absence of any notification designating the Subordinate Judicial Service as a Provincial Service under Rule 14 of the Civil Services Rules, 1930, the appellant cannot claim the right of appeal created by those Rules.

Parties
Appellant: Ranjit Prasad Sinha; Respondent: State of Bihar & Another
Jurisdiction
India
Judgment Date
16 July 1987
Procedural Posture
Civil Appeal / Supreme Court (appeal From High Court Order)
Outcome
appeal dismissed
Legal Topics
Civil Services Rules, Right of Appeal, Judicial Service, Disciplinary Proceedings
Service Law Constitutional Law Civil Services Rules Right of Appeal Judicial Service Disciplinary Proceedings

Case Brief

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Parties

Ranjit Prasad Sinha

Appellant

State of Bihar & Another

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal From High Court Order)

Legal Issues

  1. 1 Whether a member of the Subordinate Judicial Service has a right of appeal against penalty under the Civil Services (Classification, Control and Appeal) Rules, 1930, in the absence of a notification under Rule 18.
  2. 2 Whether Article 235 of the Constitution saves the right of appeal for judicial officers if no specific notification has been issued.

Ratio Decidendi

In the absence of any notification designating the Subordinate Judicial Service as a Provincial Service under Rule 14 of the Civil Services Rules, 1930, the appellant cannot claim the right of appeal created by those Rules.

Court Disposition

appeal dismissed