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.