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april 1962

Supreme Court of India · 1962-04-09

THE HIGH COURT, CALCUTTA vs AMAL KUMAR ROY

Citation / case number
SC 1961/74
Court
Supreme Court of India
Petitioner
THE HIGH COURT, CALCUTTA
Respondent
AMAL KUMAR ROY
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Article 235 of the Constitution, the High Court has the exclusive authority to determine the fitness of a Munsif for promotion to Subordinate Judge, and such decisions are not justiciable. The Court clarified that a Munsif does not possess a legally enforceable right to promotion, and Rule 55A of the Civil Services (Classification, Control and Appeal) Rules does not apply in this context. The appeal was allowed, overturning the lower court's decree, as the respondent's claim of being penalized by withholding promotion was unfounded under Article 311(2).

THE HIGH COURT, CALCUTTA vs AMAL KUMAR ROY · Niyam