K. SUBBA RAO, J. M. SHELAT, G. K. MITTER, M. HIDAYATULLAH, S. M. SIKRI
State Of Assam – Appellant
Versus
Ranga Muhammad – Respondent
Judgment
HIDAYATULLAH, J. : 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 Ju
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