Supreme Court of India · 1967-11-07
THE STATE OF ORISSA vs SUDHANSU SEKHAR MISRA AND ORS.
- Citation / case number
- SC 1967/99
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF ORISSA
- Respondent
- SUDHANSU SEKHAR MISRA AND ORS.
- Author
- WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
- Bench
- WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the High Court has the authority under Article 235 of the Constitution to transfer District and Sessions Judges to judicial posts, but it cannot compel the State Government to accept such transfers if the Governor has not acted. The Court clarified that the High Court's decision to transfer judges was valid, but the implementation was hindered by the State Government's refusal to accept the new postings. Consequently, the Court upheld the High Court's order directing the Government to implement the transfers, emphasizing the separation of powers and the High Court's jurisdiction over judicial appointments.