Supreme Court of India · 1965-09-10
THE STATE OF WEST BENGAL vs NRIPENDRA NATH BAGCHI
- Citation / case number
- SC 1964/90379
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF WEST BENGAL
- Respondent
- NRIPENDRA NATH BAGCHI
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the inquiry against a District and Sessions Judge conducted by an Executive Officer of the Government violated Article 235 of the Constitution, which grants the High Court exclusive control over subordinate courts. The Court ruled that Rule 75(a) of the West Bengal Service Rules cannot be used to extend the service of an officer for disciplinary inquiries, as it is intended for retaining meritorious officers beyond retirement age. Consequently, the High Court's decision to quash the dismissal order was upheld, reinforcing the High Court's authority in such matters.