LAWS(SC)-1955-12-14

PRADYAT KUMAR BOSE Vs. HONBLE CHIEF JUSTICE OF CALCUTTA HIGH COURT

Decided On December 23, 1955
PRADYAT KUMAR BOSE Appellant
V/S
HON'BLE CHIEF JUSTICE OF CALCUTTA HIGH COURT Respondents

JUDGEMENT

(1.) This is an appeal by leave of the High Court of Calcutta under Art. 132(1) of the Constitution. The appellant before us was the Registrar and Accountant-General of the High Court at Calcutta on its Original Side. He was appointed to the post by the Chief Justice of the High Court on 4-3-1948 and confirmed therein on 15-11-1948. He was dismissed thereform with effect from 1-9-1951 by an order of the Chief Justice dated 3-9-1951.

(2.) The main points that have been urged by the appellant before us, as before the High Court, are that -

(3.) It is beyond dispute that the Chief Justice is the authority for appointing the appellant. It was in fact the Chief Justice who appointed the appellant and confirmed him. But it is strongly urged that he had not the power to dismiss.