Supreme Court · 1971 INSC 301 · Decided 3 November 1971
State of Assam & ANR. v. S. N. Sen & ANR.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 301 · [1972] 2 S.C.R. 251
- Case number
- CIVIL APPEAL No. 1061/1967
- Decided
- 3 November 1971
- Bench
- S.M. SIKRI, J.M. SHELAT, G.K. MITTER, I.D. DUA, SUBIMAL CHANDRA ROY (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 235, 226
Headnote
c D E F G Constitution of India, 1950, Art. 235-Assam Judicial Service (Junior) Rules, 1964, r. 5(iv)-Power to confirm the post of sub-judge vested ino the High Court-Validity of Rule. Respondent no. 1, a member of tbe Assam Judicial Service, was con- firmed '1.Y tbe· High Court of Assam against the post of sub-Judge. The Accountant Gencrat of Nagaland took objection to this order of confirmation on tbe ground tbat undtr r. 5 (iv) of the Assam Judicial Service (Junior) Rules, 1954 tbe confirmation could only be made by the Governor and not by tbe High Court, Rule 5(iv) inter
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