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Justice K.P. Mohapatra vs Sri Ram Chandra Nayak And Others on 9 October, 2002

The Allahabad High Court's judgment has relied upon the decision of this Court in Chandra Mohan's case (AIR 1966 SC 1987) (supra) for the purpose of holding that it is only the hierarchy of ordinary civil Courts in the narrow sense headed by a District Judge which comes under the term "judicial service" under Article 236. The view taken by the Allahabad High Court appears to be too narrow a view of the term "judicial service". In Chandra Mohan's case (supra), this Court was primarily concerned with excluding from judicial service persons who held posts in services which were not exclusively judicial. When the service is exclusively judicial, there is no reason to exclude such judicial service from that term under Article 236. The High Court in the present case is justified in rejecting the narrow view taken in that judgment.
Supreme Court of India Cites 9 - Cited by 17 - Full Document
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