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1 - 10 of 16 (0.28 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
B. S. Yadav And Others Etc vs State Of Haryana And Others Etc on 5 November, 1980
"One of the conclusions rightly reached by the High Court
is that the appointing authority for a directly recruited
District Munsiff is the Governor. Both these persons were
directly recruited as District Munsiffs and it was this
substantive rank held by them when they were removed
from service. The High Court has further correctly
concluded that the major penalty of dismissal or removal or
reduction in rank can be imposed on a directly appointed
District Munsiff only on the recommendation of the High
Court which is binding on the Governor. The result is that
the order of removal from service of a person holding the
substantive rank of District Munsiff has to be made only by
the Governor, even though the Governor must act in
accordance with the recommendation of the High Court
which is binding on the Governor. This the true import of
Article 235 of the Constitution which vests the control over
the District Courts and the courts subordinate thereto in the
High Court. This is well settled by a catena of decisions of
this Court. It is sufficient to refer the decisions in B.S.
Yadav v. State of Haryana (1981) 1 SCR 1024: (AIR 1881
SC 561) and Chief Justice of Andhra Pradesh v. L.V.A.
Dixitulu (1979) SC 193)."
Chief Justice Of A.P. & Anr vs L.V.A. Dikshitulu & Ors on 12 September, 1978
"One of the conclusions rightly reached by the High Court
is that the appointing authority for a directly recruited
District Munsiff is the Governor. Both these persons were
directly recruited as District Munsiffs and it was this
substantive rank held by them when they were removed
from service. The High Court has further correctly
concluded that the major penalty of dismissal or removal or
reduction in rank can be imposed on a directly appointed
District Munsiff only on the recommendation of the High
Court which is binding on the Governor. The result is that
the order of removal from service of a person holding the
substantive rank of District Munsiff has to be made only by
the Governor, even though the Governor must act in
accordance with the recommendation of the High Court
which is binding on the Governor. This the true import of
Article 235 of the Constitution which vests the control over
the District Courts and the courts subordinate thereto in the
High Court. This is well settled by a catena of decisions of
this Court. It is sufficient to refer the decisions in B.S.
Yadav v. State of Haryana (1981) 1 SCR 1024: (AIR 1881
SC 561) and Chief Justice of Andhra Pradesh v. L.V.A.
Dixitulu (1979) SC 193)."
Registrar (Admn.), High Court Of ... vs Sisir Kanta Satapathy (Dead) By Lrs. And ... on 16 September, 1999
While expressing similar view in the case of Registrar
(Administration), High Court of Orissa, Cuttack v. Sisir Kanta Satapathy
(dead) by L.Rs. And another AIR 1999 SC 3265, Hon'ble the Supreme
Court held:
Shyam Lal vs 1. The State Of Uttar Pradesh2. The Union ... on 30 March, 1954
"On going through the judgments of this Court from Shyam
Lal v. State of U.P (1955) 1 SCR 26: (AIR 1954 SC 369)
down to High Court of Judicature for Rajasthan v. Ramesh
Chand Paliwal, 1998 3 SCC 72: (1998 AIR SCW 867; AIR
1998 SC 1079), one cannot but reach one conclusion
regarding the power of the High Court in the matter of
ordering compulsory retirement. That conclusions is that the
High Courts are vested with the disciplinary control as well
as administrative control over the Members of the Judicial
Service exclusively, but that does not mean that they can
also pass orders of dismissal, removal, reduction in rank or
termination from service while exercising administrative and
disciplinary control over the Members of Judicial Service.
Undoubtedly, the High Courts alone are entitled to initiate,
to hold enquiry and to take a decision in respect of dismissal,
removal, reduction in rank or termination from service, but
the formal order to give effect to such a decision has to be
passed only by the State Governor on the recommendation of
the High Court.
High Court Of Judicature For Rajasthan vs Ramesh Chand Paliwal & Anr on 19 February, 1998
"On going through the judgments of this Court from Shyam
Lal v. State of U.P (1955) 1 SCR 26: (AIR 1954 SC 369)
down to High Court of Judicature for Rajasthan v. Ramesh
Chand Paliwal, 1998 3 SCC 72: (1998 AIR SCW 867; AIR
1998 SC 1079), one cannot but reach one conclusion
regarding the power of the High Court in the matter of
ordering compulsory retirement. That conclusions is that the
High Courts are vested with the disciplinary control as well
as administrative control over the Members of the Judicial
Service exclusively, but that does not mean that they can
also pass orders of dismissal, removal, reduction in rank or
termination from service while exercising administrative and
disciplinary control over the Members of Judicial Service.
Undoubtedly, the High Courts alone are entitled to initiate,
to hold enquiry and to take a decision in respect of dismissal,
removal, reduction in rank or termination from service, but
the formal order to give effect to such a decision has to be
passed only by the State Governor on the recommendation of
the High Court.
Madan Mohan Choudhary vs The State Of Bihar And Ors on 12 February, 1999
The judgment of Madan Mohan Chaudhary (supra) relied on by
the learned Court will not apply to the facts of the present case. The
petitioner in that case was not a judicial Officer. The said order was passed
by the High Court on judicial side. A mandamus could not have been
issued. The matter could only have been sent for consideration.
Central Bureau Of Investigation Etc vs V.K. Sehgal And Anr on 8 October, 1999
While deciding the said issue, Hon'ble the Supreme Court in
the case of Central Bureau of Investigation v. V.K. Sehgal and another
AIR 1999 SC 3706(1) clarified in paras 10 and 11 as under:
Kalpnath Rai vs State (Through Cbi) on 6 November, 1997
In
Kalpnath Rai v. State through CBI (1997) 8 SCC 732:(1997
AIR SCW 4166: AIR 1998 SC 201:1998 Cri LJ 369), this
Court has observed in paragraph 29 thus: