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november 1964

Supreme Court of India · 1964-11-09

JYOTI PROKASH MITTER vs HONBLE MR. JUSTICE HIMANSU KUMAR BOSE, CHIEFJUSTICE, HIG

Citation / case number
SC 1964/90465
Court
Supreme Court of India
Petitioner
JYOTI PROKASH MITTER
Respondent
HONBLE MR. JUSTICE HIMANSU KUMAR BOSE, CHIEFJUSTICE, HIG
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court addressed the dispute regarding the age of a sitting High Court Judge under Article 217 of the Constitution, as amended by the Fifteenth Amendment. The Court held that the determination of a Judge's age by the President, in consultation with the Chief Justice of India, is essential for maintaining the integrity of the judiciary. The Court upheld the Union Government's decision to retire the appellant based on the age determined, stating that the age provided at the time of appointment could be revisited under the amended provisions. The appeal was dismissed, affirming the dismissal of the writ petition by the Punjab High Court.

JYOTI PROKASH MITTER vs HONBLE MR. JUSTICE HIMANSU KUMAR BOSE, CHIEFJUSTICE, HIG · Niyam