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2000 Supreme(J&K) 283

T.S.DOABIA, A.K.GOEL, NISAR AHMAD KAKRU
Gh. Qadir Sheikh – Appellant
Versus
High Court Of J&K – Respondent


Advocates Appeared:
Advocate For Appellant: M.I. Qadiri
Advocate For Respondent: G.A. Lone

Per Doabia, J.

1. This Bench has assembled to answer three questions of law which came to be formulated by a Division Bench of this Court. These three questions are:-

I. Whether power of control under Subsection (4) of Section 30 of the Act conferred on the Chief Justice under Rule (4) of the Rules called Rules relating to the appointment of ministerial officers of the subordinate courts is dependant on or independent of Sub-Section (3) of Section 3 of the Act?

II. Whether the power of appointment of ministerial officers vested in the District Judge can be regulated by the Chief Justice by exercising the power of control under Subsection (4) of Section 30 of the act in absence of provision of mode and method of recruitment and if the answer is in affirmative, to what extent?

III. Whether the Chief Justice has the power on administrative side to constitute selection committees, issue orders, instructions, guidelines and circulars to regulate mode and method of recruitment of ministerial officers." 2. The basic reason which led the Division Bench to formulate these questions and refer it to a Larger Bench was that even though a Division Bench of this Court in LPA No.33/ 92 in judgment da














































































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