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april 1971

Supreme Court of India · 1971-04-21

M. GURUMOORTHY vs ACCOUNTANT GENERAL ASSAM & NAGALAND & ORS.

Citation / case number
SC 1968/60414
Court
Supreme Court of India
Petitioner
M. GURUMOORTHY
Respondent
ACCOUNTANT GENERAL ASSAM & NAGALAND & ORS.
Author
SIKRI, S.M. (),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
Bench
SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that under Article 229 of the Constitution of India, the Chief Justice has exclusive authority to appoint officers and servants of a High Court, and the State Government cannot impose conditions on such appointments. The Court clarified that while the Government can sanction posts, it cannot interfere with the Chief Justice's choice of appointee. The Court upheld the appointment of the appellant as Secretary-cum-Selection Grade Stenographer, emphasizing that the Chief Justice's powers in appointments are not subject to legislative modification.

M. GURUMOORTHY vs ACCOUNTANT GENERAL ASSAM & NAGALAND & ORS. · Niyam