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february 1978

Supreme Court of India · 1978-02-15

UNION OF INDIA vs SHRI GOPAL CHANDRA MISRA AND ORS.

Citation / case number
SC 1977/61672
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SHRI GOPAL CHANDRA MISRA AND ORS.
Bench
SARKARIA, RANJIT SINGH,GUPTA, A.C.,UNTWALIA, N.L.,FAZALALI, SYED MURTAZA,SINGH, JASWANT

Judgment text excerpt

The Supreme Court held that a resignation by a High Court Judge, communicated in writing to the President under Article 217(1) Proviso (a), can be revoked before the specified effective date. The Court clarified that resignation implies a complete severance from the office, and until the resignation takes effect, the judge retains the right to withdraw it. The appeal was allowed, overturning the High Court's decision that deemed the resignation irrevocable upon communication.

UNION OF INDIA vs SHRI GOPAL CHANDRA MISRA AND ORS. · Niyam