STATE OF RAJASTHAN versus PRAKASH CHAND AND ORS.

STATE OF RAJASTHAN versus PRAKASH CHAND AND ORS.

Chief Justice is master of roster and has authority to constitute benches and transfer cases, including part-heard matters, for proper judicial administration. A Single Judge has no authority to call for disposed off case records, make disparaging remarks against other judges or initiate contempt proceedings against Chief Justice for such administrative orders. Observations and allegations regarding daily allowance drawn by former Chief Justices are legally unsustainable, factually incorrect, and should be expunged.

Parties
Appellant: State of Rajasthan; Respondents: Prakash Chand and Ors.
Jurisdiction
India
Judgment Date
02 December 1997
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
High Court Roster Powers, Judicial Discipline, Contempt Proceedings, Daily Allowance for Judges
Judicial Administration Constitutional Law Contempt of Court High Court Roster Powers Judicial Discipline Contempt Proceedings Daily Allowance for Judges

Case Brief

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Parties

State of Rajasthan

Appellant

Prakash Chand and Ors.

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Authority of Chief Justice to constitute benches and transfer cases
  2. 2 Judicial discipline and propriety of puisne judges
  3. 3 Power of a Single Judge to call for records and issue contempt notice against Chief Justice

Ratio Decidendi

Chief Justice is master of roster and has authority to constitute benches and transfer cases, including part-heard matters, for proper judicial administration. A Single Judge has no authority to call for disposed off case records, make disparaging remarks against other judges or initiate contempt proceedings against Chief Justice for such administrative orders. Observations and allegations regarding daily allowance drawn by former Chief Justices are legally unsustainable, factually incorrect, and should be expunged.

Court Disposition

appeal allowed

Orders

  • All observations, comments, insinuations, allegations and orders made by the learned Judge in connection with disposed of Writ Petition No. 2949/96 are illegal, misconceived and without jurisdiction and are quashed; directed to be expunged from the record.
  • Direction to issue show cause notice to Chief Justice for contempt proceedings set aside and quashed.