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december 1955

Supreme Court of India · 1955-12-23

PRADYAT KUMAR BOSE vs THE HONBLE THE CHIEF JUSTICE OF CALCUTTA HIGH COURT.

Citation / case number
SC 1953/1406
Court
Supreme Court of India
Petitioner
PRADYAT KUMAR BOSE
Respondent
THE HONBLE THE CHIEF JUSTICE OF CALCUTTA HIGH COURT.
Bench
BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that the Chief Justice of the Calcutta High Court had the power to dismiss the appellant, as per Clause 8 of the Letters Patent and Articles 229, 313, and 367(1) of the Constitution, which establish that the power of appointment includes the power of dismissal. The Court ruled that delegating the inquiry into charges to another judge did not constitute an improper delegation of power, as the dismissal was an administrative action, not a judicial one. Furthermore, the Court found that prior consultation with the Public Services Commission under Article 320 was not necessary for the dismissal.

PRADYAT KUMAR BOSE vs THE HONBLE THE CHIEF JUSTICE OF CALCUTTA HIGH COURT. · Niyam