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MADAN MOHAN CHOUDHARY vs. STATE OF BIHAR

SCR Citation: [1999] 1 S.C.R. 596
Year/Volume: 1999/ Volume 1
Date of Judgment: 12 February 1999
Petitioner: MADAN MOHAN CHOUDHARY
Disposal Nature: Appeal Allowed
Neutral Citation: 1999 INSC 61
Judgment Delivered by: Hon'ble Mr. Justice S. Saghir Ahmad
Respondent: STATE OF BIHAR
Case Type: CIVIL APPEAL/787/1990
Order/Judgment: Judgment
1. Headnote

Constitution of India - Article 235 - Bihar Service Code 1952 - Rule 74 - Compulsory retirement of District and Sessions Judge whether; on facts, arbitrary - Matter of grant of anticipation bail by District and Sessions Judge referred to administrative side of High Court to examine his conduct - Character rolls for preceding three years prepared simultaneously, after decision to compulsorily retire him - Prior entries not bad, and integrity never doubted - Held, order granting anticipatory bail may have been wrong order, but was bona fide judicial order and not motivated by extraneous considerations. Character rolls for preceding three years recorded after Standing Committee of High Court had made up its mind to compulsorily retire him - Held, no reasonable person could have concluded that appellant had outlived his utility as judicial officer - Articles 233, 234, 236, 237.

Constitution of India - Articles 233 and 23 - "Consult'' - Duty of High Court - Where Governor cannot act unless he has consulted High Court, held, High Court to tender advice after due deliberation - If advice not supported by any material on record or arbitrary, held further, it may not have binding value.

Service Law - Character roll - Entries containing adverse remarks recorded 'at one go' for three years when decision to compulsorily retire already taken - Opportunity to make representation not given before directing compulsory retirement - Held, entries were not recorded in normal course, and representation not dealt with promptitude - Held, therefore, entries cannot legally be taken into consideration - Constitution of India - Articles 235 - Bihar Service Code 1952, Rule 74 - Natural justice.

Constitution of India - Article 235 - 'Control' over subordinate courts - Held, disciplinary control, and premature and compulsory retirement within 'control' of High Court - Words & Phrases. 

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4. Keyword
  • Constitution of India