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Showing contexts for: Repentance in Union Of India (Uoi) And Ors. vs Gopal Chandra Misra And Ors. on 15 February, 1978Matching Fragments
111. It would thus appear that the privilege or power enshrined in Article 217(1)(a) is an absolute one and not relative. In other words, the aforesaid power is an independent one and has no corresponding rights to be performed by any other authority. The only privilege given to a Judge of the High Court is to resign without there being any corresponding right to the President to accept the same, nor is there any power in the resignor to recall or revoke the resignation once it becomes effective. The provisions of Article 217(1)(a) really contemplates that the decision of a Judge to resign his office must be taken with due deliberation after considering all the pros and cons of the matter and not under any emotional instinct or inspired by undue haste or momentous fury. One of the essential qualities of a judicial power is restraint and a Judge before resigning must be prepared to take a decision once for all so that having taken the decision he is not in a position to repent on the same or to brood over it. The decision once taken by the Judge in this regard is irrevocable and immutable and is just like an arrow shot from the bow which cannot be recalled or a bullet having fired and having reached its destination cannot come back to the barrel from which it was Shot.