UNION OF INDIA versus SHRI GOPAL CHANDRA MISRA AND ORS.

UNION OF INDIA versus SHRI GOPAL CHANDRA MISRA AND ORS.

A High Court Judge's resignation addressed to the President, taking effect from a future date, does not operate to immediately sever the judge from office; such a prospective resignation can be withdrawn any time before it becomes operative (i.e., before the effective date), as there is no constitutional or legal...

Source-derived case information.

Parties
Appellant: Union of India; Respondent No. 1 / Petitioner: Shri Gopal Chandra Misra; Respondent No. 2 / Appellant in CA 2655/77: Shri Satish Chandra
Jurisdiction
India
Judgment Date
15 February 1978
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment (writ Petition Under Article 226)
Outcome
Appeals allowed (by majority); High Court judgment set aside.
Legal Topics
Resignation of High Court Judge, Interpretation of Article 217(1) Proviso (a), Quo Warranto, Irrevocability and Withdrawal of Resignation, Doctrine of Public Policy
Constitutional Law Resignation of High Court Judge Interpretation of Article 217(1) Proviso (a) Quo Warranto Irrevocability and Withdrawal of Resignation Doctrine of Public Policy

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Summary, issues, holding and outcome

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Parties

Union of India

Appellant

Shri Gopal Chandra Misra

Respondent No. 1 / Petitioner

Shri Satish Chandra

Respondent No. 2 / Appellant in CA 2655/77

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment (writ Petition Under Article 226)

Legal Issues

  1. 1 Whether a High Court Judge who submits a resignation to the President with effect from a future date can withdraw it before the date is reached
  2. 2 Whether such resignation is final and irrevocable once communicated
  3. 3 Applicability of the doctrine of public policy in judicial decisions

Ratio Decidendi

A High Court Judge's resignation addressed to the President, taking effect from a future date, does not operate to immediately sever the judge from office; such a prospective resignation can be withdrawn any time before it becomes operative (i.e., before the effective date), as there is no constitutional or legal bar preventing such withdrawal. Therefore, the judge’s tenure continues if the resignation is validly withdrawn before the specified date.

Court Disposition

Appeals allowed (by majority); High Court judgment set aside.

Orders

  • Operative order dated December 8, 1977: Appeals accepted by majority.
  • Resignation of Shri Satish Chandra, being prospective and withdrawn before the effective date, did not operate to terminate his office as Judge; he continues to function as Judge of Allahabad High Court.