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Showing contexts for: function of functionary in Shri Amar Singh, Clerk Of Court, Office ... vs The Chief Justice, Punjab And Haryana ... on 17 February, 1976Matching Fragments
"Disciplinary control cannot be divided between two authorities, viz., the High Court and the Governor."
Indeed, it needs no great erudition to hold that unless there is an effective control and power over its functionaries, no Court can effectively discharge the functions enjoined upon it by law,
13. The analogy of Article 229 of the Constitution also necessarily comes to mind. In the context of the High Court itself the administrative staff thereof has been put entirely within the power and control of the Chief Justice including even the power of appointment and dismissal etc., and the prescription of their conditions of service. As regards the functionaries and the staff of the District Courts_and the Courts subordinate thereto, the Constitution did not, go that far and instead vested the conrol over the same in the High Court by virtue of Article 235. It does not seem to stand to reason that the High Courts and through them the Presiding Officers of the subordinate Courts would be denuded of powers and control over their ministerial staff for the purpose of discharging their functions. I am of the view that apart from the clear language of the statute such an Interpretation seems to be untenable on principle.