STATE OF ASSAM Vs. RANGA MUHAMMAD
LAWS(SC)-1966-9-54
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on September 21,1966

STATE OF ASSAM Appellant
VERSUS
RANGA MUHAMMAD Respondents





Cited Judgements :-

T GOPALAKRISHNA MURTHI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1972-4-9] [REFERRED TO]
ABU SAAD VS. STATE OF UTTAR PRADESH AND HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH THE REGISTRAR [LAWS(ALL)-1971-4-61] [REFERRED TO]
KUL BHUSHAN MISHRA VS. STATE OF U.P. [LAWS(ALL)-2023-6-16] [REFERRED TO]
N J MANKAD VS. STATE OF GUJARAT [LAWS(GJH)-1982-12-43] [REFERRED TO]
GAUHATI HIGH COURT VS. STATE OF ASSAM [LAWS(GAU)-1992-4-2] [REFERRED TO]
RAM KRISHNA TIWARI VS. HIGH COURT OF JUDICATURE M P [LAWS(MPH)-1980-10-31] [REFERRED TO]
STATE OF ASSAM VS. S N SEN [LAWS(SC)-1971-11-53] [FOLLOWED]
FARZAND VS. MOHAN SINGH [LAWS(ALL)-1967-2-2] [REFERRED TO]
N Y GUPTE VS. HIGH COURT OF JUDICATURE AT BOMBAY [LAWS(BOM)-2001-9-77] [REFERRED TO]
GOPINATHAN VS. STATE OF KERALA [LAWS(KER)-2007-7-73] [REFERRED TO]
SUSHIL ARORA VS. GOVERNEMENT OF NCT OF DELHI [LAWS(DLH)-2022-4-250] [REFERRED TO]
SUSHIL ARORA VS. GOVERNEMENT OF NCT OF DELHI [LAWS(DLH)-2022-4-250] [REFERRED TO]
K. CHERIYA KOYA VS. U.T.ADMINISTRATION OF LAKSHADWEEP [LAWS(KER)-2023-6-20] [REFERRED TO]
High Court of H.P. VS. Kiran Aggarwal [LAWS(HPH)-2008-6-33] [REFERRED TO]
KRISHNAN VS. STATE [LAWS(KER)-1986-3-8] [REFERRED TO]
M G SHARAN VS. STATE OF BIHAR [LAWS(PAT)-1968-12-3] [REFERRED TO]
CHANDRA SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2003-7-17] [REFERRED]
M VIJAYA BHASKARA REDDY VS. HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-2001-12-43] [REFERRED TO]
KUL BHUSHAN MISHRA VS. STATE OF U.P. [LAWS(ALL)-2023-6-4] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY BOARD VS. M C CHITALE [LAWS(BOM)-1980-7-22] [REFERRED TO]
GABRIEL BABU M K VS. ASST DIRECTOR OF I T INVESTIGATION [LAWS(KER)-1990-8-46] [REFERRED TO]
R BALASUBRAMANIAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2010-6-40] [REFERRED TO]
CHANDRAPAL SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-11-74] [REFERRED TO]
SAMARENDRA MUKHARJEE VS. BIKASH DEB BARMA [LAWS(GAU)-1998-7-20] [REFERRED TO]
CHANDAN KESHAB DAS VS. STATE OF ASSAM [LAWS(GAU)-2012-2-66] [REFERRED TO]
D BEEMAN VS. TAMIL NADU STATE ELECTION COMMISSION REP. BY ITS ELECTION COMMISSIONER [LAWS(MAD)-2012-1-254] [REFERRED TO]
GOVERNING BODY OF HARISHPUR BALADEV MAHABIDYALAYA VS. STATE OF ORISSA [LAWS(ORI)-1997-11-10] [REFERRED TO]
CHANDRAMOULESHWAR PRASAD VS. PATNA HIGH COURT [LAWS(SC)-1969-10-53] [REFERRED TO]
Anil Kumar Jain VS. State of M. P. [LAWS(MPH)-1985-1-42] [REFERRED TO]
P. MOHANRAJ VS. M/S. SHAH BROTHERS ISPAT PRIVATE LIMITED [LAWS(SC)-2021-3-10] [REFERRED TO]
AMAR SINGH CLERK OF COURT OFFICE OF THE SENIOR SUB-JUDGE AMRITSAR VS. CHIEF JUSTICE PUNJAB AND HARYANA HIGH COURT CHANDIGARH [LAWS(P&H)-1976-2-1] [REFERRED TO]
SUPREME COURT ADVOCATES ON RECORD ASSOCIATION S P GUPTA VS. UNION OF INDIA [LAWS(SC)-1993-10-49] [REFERRED TO]
BANDI KRISHNA MURTHY VS. LAND REFORMS TRIBUNAL GUDIVADA [LAWS(APH)-1976-11-39] [REFERRED TO]
MANINDRA KUMAR BOSE VS. BISWANATH [LAWS(CAL)-1985-4-31] [REFERRED TO]
BHAYANA BUILDERS (P) LTD. VS. CST, DELHI [LAWS(CE)-2013-9-1] [REFERRED TO]
NATVARLAL M BADIANI VS. JERAMBHAI AMAD [LAWS(GJH)-1982-8-20] [REFERRED]
SABANAYAGAM K VS. SECRETARY TO GOVERNMENT OF TAMILNADU [LAWS(MAD)-1983-1-60] [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [LAWS(SC)-1977-9-4] [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [LAWS(SC)-1977-9-4] [FOLLOWED]
HARBANS SINGH UBEROI VS. STATE OF PUNJAB ETC. [LAWS(P&H)-1971-10-28] [REFERRED TO]
DR. S.N. VERMA VS. STATE OF SIKKIM AND OTHERS [LAWS(SIK)-1987-4-1] [REFERRED TO]
KUSESWAR SAIKIA AND OTHERS VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-1969-2-7] [REFERRED TO]
MAHARASTRA STATE ELECTRICITY BOARD VS. M.G. CHITALE [LAWS(BOM)-1980-7-26] [REFERRED]
PRADIP BAPURAO JAMBHALE-PATIL VS. SMITA GANGARAM ZAGADE [LAWS(BOM)-2023-5-24] [REFERRED TO]
KOTWAL T C VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1967-1-1] [REFERRED TO]
STATE OF J&K VS. GH HASSAN HAJINI (DR) [LAWS(J&K)-1997-7-40] [REFERRED TO]
CHIEF GENERAL MANAGER KARNATAKA TELECOM CIRCLE BHARAT SANCHAR NIGAM LTD VS. D V KAVITHA AND ORS [LAWS(KAR)-2012-10-333] [REFERRED]
KISHORE CHANDRA PATEL VS. STATE [LAWS(ORI)-1993-7-8] [REFERRED TO]
AKHILESHWAR PRASAD SINHA VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-1983-10-21] [REFERRED TO]
HIGH COURT OF PUNJAB AND HARYANA VS. STATE OF HARYANA [LAWS(SC)-1975-1-42] [CONSIDERED AND RELIED UPON]
CHIEF JUSTICE OF ANDHRA PRADESH HIGH COURT OF ANDHRA PRADESH VS. L V A DIXITULU:V V S KRISHNAMURTHY [LAWS(SC)-1978-9-31] [FOLLOWED]
KAITAN MINERAL DEVELOPMENT CORPORATION PRIVATE LTD VS. GOVERNMENT OF INDIA MINISTRY OF STEEL AND MINES DEPT OF MINES NEW DELHI [LAWS(APH)-1978-9-7] [REFERRED TO]
CHITRA VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-3-73] [REFERRED TO]
PRADEEP KUMAR SRIVASTAVA VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-7-18] [REFERRED TO]
INDER PARKASH ANAND VS. THE STATE OF HARYANA AND ORS. [LAWS(P&H)-1971-11-30] [REFERRED TO]
NARENDER SINGH RAO VS. THE STATE OF HARYANA, ETC. [LAWS(P&H)-1973-11-28] [REFERRED TO]
D.R. Rahul VS. High Court of M.P. [LAWS(MPH)-1998-1-48] [REFERRED TO]
PYARE MOHAN LAL VS. STATE OF JHARKHAND [LAWS(SC)-2010-9-51] [REFERRED TO]
R M GAJJAR VS. STATE OF GUJARAT [LAWS(GJH)-1977-5-4] [REFERRED TO]
NORMAN J HAMILTON VS. UMEDBHAI S PATEL [LAWS(BOM)-1978-7-1] [REFERRED TO]
N SRINIVASAN ADDL DIST AND SESSIONS JUDGE QUILON VS. STATE OF KERALA [LAWS(KER)-1967-7-36] [REFERRED TO]
SOHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1969-9-2] [REFERRED TO]
M V GIRIJA VS. HIGH COURT OF MADRAS [LAWS(MAD)-2001-10-114] [REFERRED TO]
R.L.SANKHLA VS. HIGH COURT PUNJAB AND HARYANA AT CHYANDIGARTH [LAWS(P&H)-2011-3-274] [REFERRED TO]
REGISTRAR OF THE ORISSA HIGH COURT VS. BARADAKANTA MISRA [LAWS(ORI)-1973-2-3] [REFERRED TO]
Utkal Christian Council VS. State of Orissa [LAWS(ORI)-2008-11-18] [REFERRED TO]
PRESIDENT OF INDIA VS. SPECIAL COURTS BILL 1978 [LAWS(SC)-1978-12-8] [REFERRED TO]


JUDGEMENT

Hidayatullah, J. - (1.)These are two appeals by certificate against a common judgment of the High Court of Assam and Nagaland at Gauhati, dismissing two writ petitions filed by one Ranga Muhammad against D. N. Deka and B. N. Sarma, District and Sessions Judges, respectively, of Lower and Upper Assam Districts questioning the transfer of the former from Jorhat to Gauhati and the appointment and posting of the latter at Jorhat. The petitioner had asked that the relevant notifications by the Government be quashed on the ground that the High Court alone could make the transfers and, in any event, the High Court had to be consulted and was not consulted before making the orders. The petitions were heard and disposed of by a Divisional Bench consisting of Chief Justice Mehrotra and Mr. Justice S. K. Dutta. The Chief Justice held that there was no consultation with regard to the posting of Deka, that the transfer of Deka to Gauhati was irregular as the High Court alone could have ordered it, and that the transfer of B. N. Sarma was for a like reason also irregular. Holding, however, that none of the District Judges could be said to occupy wrongly the office of District and Sessions Judge the High Court declined the writ of quo warranto. The petitions were accordingly dismissed but without cost to the State Government. In a separate but concurring judgment Dutta, J. passed some scathing remarks on the action of the Government which he described as mala fide and actuated by some ulterior motive. The High Court on being moved by the State Government granted certificates under Art. 132 of the Constitution on the ground that the judgment involved the interpretation of Arts. 233 and 235 of the Constitution. By these appeals the State Government seeks the reversal of the opinion of the High Court on the interpretation of Articles 233 and 235 of the Constitution. The main contention is that the High Court was, in fact, consulted and, alternatively, that the power to transfer District Judges lies with the State Government and not with the High Court. The State Government also asks for the expunction of the remarks of Mr. Justice Dutta above mentioned.
(2.)The State of Assam consists of only three Sessions Divisions. They are:The Upper Assam Districts, the Lower Assam Districts and the Cachar Districts with Jorhat, Gauhati and Silchar respectively as the Headquarters of the three District Judges. The Government of Assam with the concurrence of the High Court has made the Assam Judicial Service (Senior) Rules and Rule 5 deals with recruitment. In the Senior Judicial Service of the State there are two grades -Senior Grade I and Senior Grade II. Grade I has four posts earmarked for Registrar, and three District Judges, and Grade II consists of the Additional District Judges. Under sub-r. (i) of R. 5 the Chief Justice of the High Court fills the post of the Registrar by virtue of Art. 229 of the Constitution of India preferably from Grade I or Grade II of the Service, and under sub-r. (ii) the other posts of the cadre are filled by the Government in consultation with the High Court, but not more than one-third of the posts in each Grade of the cadre may be filled up by direct recruitment. The other posts are filled up by promotion from Grade II of the cadre or Grade I of the Assam Judicial Service (Junior), respectively.
(3.)One would think that with so few posts in the cadre and places there would be little scope for disagreement but unfortunately there was. On December 6, 1962 the Chief Justice appointed A. Rahman, District Judge, Gauhati as Registrar and recommended that B. N. Sarma, Additional District and Sessions Judge be promoted and appointed District Judge, Gauhati and in B. N. Sarma's place D.C. Sharma should be appointed as Additional District and Sessions Judge. This proposal was accepted by Government. It appears, however, that one Medhi, District Judge, was retiring and there was a vacancy. It also appears from the correspondence which has been placed in our hands that there was some conversation on the telephone between the Chief Justice and the Finance Minister regarding R. C. Choudhury (Joint Secretary, Legal Department) whom the Minister suggested for officiation in that vacancy and the Chief Justice expressed his willingness to receive him. Later by a D. O. letter of January 5, 1963 the Chief Justice pointed out that the Rules did not permit this to be done. He observed that not more than one third of the District Judges could be recruited from the Bar and as Choudhury could only be recruited as a member of the Bar there was no vacancy for direct recruitment. The Minister who had accepted the telephone conversation as final and was about to issue the necessary notification replied that as Sharma was to continue for a year, Sharma's post could be given to Choudhury and suggested reconsideration of the case. The Chief Justice replied that the question was not of filling Sharma's vacancy but Medhi's and that Choudhury could not be transferred from the Legal Department to the Judicial Service because appointments as District and Sessions Judges must be made in accordance with Art. 233 of the Constitution. He explained that an appointee had to be either a person in the Judicial Service of the Union or the State or an Advocate of 7 years' standing and that persons from other services could not be transferred and appointed as District Judges. He ended by saying that he could have taken Choudhury as a member of the Bar if the High Court recommended him, but R. 5 (ii) of the Assam Judicial Service (Senior) Rules, which reserved two out of the three posts for promotees, was in the way. He declined to take Choudhury directly from the Legal Department and recommended D. N. Deka's name for promotion as District Judge to hold the charge at Jorhat.


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