THE STATE OF ORISSA versus SUDHANSU SEKHAR MISRA ANO ORS.

THE STATE OF ORISSA versus SUDHANSU SEKHAR MISRA ANO ORS.

The High Court is empowered under Article 235 to recall judicial officers from administrative posts and post them as district and sessions judges, but it has no power to post judicial officers directly to administrative posts in the government Secretariat. Posting to such administrative posts must be governed by agreement between the High Court and the government.

Parties
Appellant: State of Orissa; Respondents: Sudhansu Sekhar Misra and Others
Jurisdiction
India
Judgment Date
07 November 1967
Procedural Posture
Civil Appeal / Appeals by Special Leave From the Judgment and Order Dated March 6, 1967 of the Orissa High Court
Outcome
Appeals allowed in part
Legal Topics
Judicial Powers of High Court, Transfer of Judicial Officers, Control Over Judicial Service, Mandamus, Quo Warranto
Constitutional Law Judicial Administration Judicial Powers of High Court Transfer of Judicial Officers Control Over Judicial Service Mandamus Quo Warranto

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Parties

State of Orissa

Appellant

Sudhansu Sekhar Misra and Others

Respondents

Procedural Posture

Civil Appeal / Appeals by Special Leave From the Judgment and Order Dated March 6, 1967 of the Orissa High Court

Legal Issues

  1. 1 Whether the High Court has power under Article 235 to recall judicial officers from administrative posts and post them as district and sessions judges
  2. 2 Whether the High Court has competence to transfer judicial officers to administrative posts within the government secretariat
  3. 3 Whether the officers holding administrative posts had authority to continue after the High Court's transfer orders

Ratio Decidendi

The High Court is empowered under Article 235 to recall judicial officers from administrative posts and post them as district and sessions judges, but it has no power to post judicial officers directly to administrative posts in the government Secretariat. Posting to such administrative posts must be governed by agreement between the High Court and the government.

Court Disposition

Appeals allowed in part

Orders

  • Order of the High Court holding B. K. Patro, K. K. Bose, and P. C. Dey had no authority to hold the posts after October 10, 1966 is set aside.
  • Mandamus issued by the High Court not set aside.