Supreme Court of India

High Court of Judicature, Patna v. Shiveshwar Narayan and Anr.

Neutral citation
Bench R.M. Lodha and Jagdish Singh Khehar JJ.
Decided 22 September 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the Division Bench failed to keep in mind the distinction between judicial revi&w and merit review and, thereby committed a serious error in examining the merits of the decision of the Full Court.

Judgment, page 13

From the headnote

Constitution of India, 1950-Article 226 - Judicial review - Scope of -Benefit of increase of retirement age from 58 years to 60 years - Denied to Judicial Officer 'S' on basis of c report of Evaluation Committee (constituted by the High Court) as accepted and approved by the Full Court of the High Court - 'S' filed writ petition - Division Bench of High Court allowed the same and directed the High Court on its administrative side to re-evaluate the case of 'S' for extension 0 of service upto 60 years - Whether the Division Bench of the High Court was justified in its power of judicial review…

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