Case: State Of Assam Vs. Ranga Mahammad And Ors

from which one may be given here. The words places of public resort assume a very different meaning when coupled with roads and streets from that which the same words would have if they were coupled with houses. In the same way the word posting cannot be understood in the sense of transfer when the idea of appointment and promotion is involved in the combination. In fact this meaning is quite out of place because transfer operates at a stage beyond appointment and promotion. If posting was intended to mean transfer the draftsman would have hardly chosen to place it between "appointment" and "promotion" and could have easily used the word transfer itself. It follows, therefore, that under Art. 233, the Governor is only concerned with the appointment, promotion and posting to the cadre of District Judges but not with the transfer of District Judges already appointed or promoted and posted to the cadre. The latter is obviously a matter of control of District Judges which is vested in the High Court. This meaning of the word posting is made all the more clear when one reads the provisions of Arts. 234 and 235. By the first of these articles the question of appointment is considered separately but by the second of these articles posting and promotion of persons belonging to the judicial service of the State and holding any post inferior to the post of a District Judge is also vested in the High Court. The word post used twice in the article clearly means the position or job and not the station or place and posting must obviously mean the assignment to a position or job and not placing in-charge of a station or Court. The association of words in Art. 235 is much clearer but as the word posting in the earlier article deals with the same subject-matter, it was most certainly used in the same sense and this conclusion is thus quite apparent. 10. This is, of course, as it should be. The High Court is in the day to day control of Courts and knows the capacity for work of individuals and the requirements of a particular station or Court. The High Court is better suited to make transfers than a Minister. For, however, well-meaning a Minister may be he can never possess the same intimate knowledge of the working of the judiciary as a whole and of individual Judges, as the High Court. He must depend on his department for information. The Chief Justice and his colleagues know these matters and deal with them personally. There is less chance of being influenced by secretaries who may withhold some vital information if they are interested themselves. It is also well known that all stations are not similar in climate and education, medical and other facilities. Some are good stations and some are not so good. There is less chance of success for a person seeking advantage for himself if the Chief Justice and his colleagues, with personal information, deal with the matter, than when a Minister deals with it on notes and information supplied by a secretary. The reason of the rule and the sense of the matter combine to suggest the narrow meaning accepted by us. The policy displayed by the Constitution has been in this direction as has been explained in earlier cases of this Court. The High Court was thus right in its conclusion that the powers of the Governor cease after he has appointed or promoted a person to be a District Judge and assigned him to a post in cadre. Thereafter, transfer of incumbents is a matter within the control of District Courts including the control of persons presiding there as explained in the cited case. 11. As the High Court is the authority to make transfers, there was no question of a consultation on this account. The State Government was not the authority to order the transfers. There was, however, need for consultation before D. N. Deka was promoted and posted as a District Judge. That such a consultation is mandatory has been laid down quite definitely in the recent decision of this Court in Chandra Mohan v. State of U. P., Civil Appeals Nos. 1136 and 1638 of 1966, D/-8-8-1966 : (reported in AIR 1966 SC 1987 ). On this part of the case it is sufficient to say that there was no consultation. 12. This brings us to the question whether the remarks of Mr. Justice Dutta should be expunged. There is no doubt that the State Government and the High Court were working together till Choudhurys name was suggested. This is not the first time when cordiality was ruined because a Secretarys name was suggested by the Minister and was not acceptable to the High Court. The Assam High Courts stand has been completely vindicated by Chandra Mohans case cited above, Civil Appeals Nos. 1136 and 1638 of 1966, D/- 8-8-1966: (reported in AIR 1966 SC 1987 ). Choudhury could not be transferred from another department and under the rules he could not be recruited from the Bar as there was no vacancy. Consultation loses all its meaning and becomes a mockery if what the High Court has to say is received with ill-grace or rejected out of hand. In such matters the opinion of the High Court is entitled to the highest regard. 13. We have considered very carefully the question of expunging Mr. Justice Duttas remarks. The power to expunge is an extraordinary power and can be exercised only when a clear case is made out. That another Judge in Mr. Justice Duttas place would not have made those comments is not the right criterion.The question is whether Mr. Justice Dutta can be said to have acted with impropriety. Although we think that Mr. Justice Dutta need not have made the remarks we cannot say that in making them he acted with such impropriety that the extraordinary powers should be exercised in this case.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]9. In its ordinary dictionary meaning the word to post may denote either (a) to station someone at a place, or (b) to assign someone to a post, i.e., a position or a job, especially one to which a person is appointed. See Websters New World Dictionary (1962). The dispute in this case has arisen because the State Government applies the first of the two meanings and the High Court the second. In Art. 233 the word posting clearly bears the second meaning. This word occurs in association with the words appointment and promotion and takes its colour from them. These words indicate the stage when a person first gets a position or job and posting by association means the assignment of an appointee or promotee to a position in the cadre of District Judges. That a special meaning may be given to a word because of the collocation of words in which it figures, is a well-recognised canon of construction. Maxwell ("On Interpretation of Statutes", 11th Edn., p. 321 and the following pages) gives numerous examples of the application of this principle, from which one may be given here. The words places of public resort assume a very different meaning when coupled with roads and streets from that which the same words would have if they were coupled with houses. In the same way the word posting cannot be understood in the sense of transfer when the idea of appointment and promotion is involved in the combination. In fact this meaning is quite out of place because transfer operates at a stage beyond appointment and promotion. If posting was intended to mean transfer the draftsman would have hardly chosen to place it between "appointment" and "promotion" and could have easily used the word transfer itself. It follows, therefore, that under Art. 233, the Governor is only concerned with the appointment, promotion and posting to the cadre of District Judges but not with the transfer of District Judges already appointed or promoted and posted to the cadre. The latter is obviously a matter of control of District Judges which is vested in the High Court. This meaning of the word posting is made all the more clear when one reads the provisions of Arts. 234 and 235. By the first of these articles the question of appointment is considered separately but by the second of these articles posting and promotion of persons belonging to the judicial service of the State and holding any post inferior to the post of a District Judge is also vested in the High Court. The word post used twice in the article clearly means the position or job and not the station or place and posting must obviously mean the assignment to a position or job and not placing in-charge of a station or Court. The association of words in Art. 235 is much clearer but as the word posting in the earlier article deals with the same subject-matter, it was most certainly used in the same sense and this conclusion is thus quite apparent10. This is, of course, as it should be. The High Court is in the day to day control of Courts and knows the capacity for work of individuals and the requirements of a particular station or Court. The High Court is better suited to make transfers than a Minister. For, however, well-meaning a Minister may be he can never possess the same intimate knowledge of the working of the judiciary as a whole and of individual Judges, as the High Court. He must depend on his department for information. The Chief Justice and his colleagues know these matters and deal with them personally. There is less chance of being influenced by secretaries who may withhold some vital information if they are interested themselves. It is also well known that all stations are not similar in climate and education, medical and other facilities. Some are good stations and some are not so good. There is less chance of success for a person seeking advantage for himself if the Chief Justice and his colleagues, with personal information, deal with the matter, than when a Minister deals with it on notes and information supplied by a secretary. The reason of the rule and the sense of the matter combine to suggest the narrow meaning accepted by us. The policy displayed by the Constitution has been in this direction as has been explained in earlier cases of this Court. The High Court was thus right in its conclusion that the powers of the Governor cease after he has appointed or promoted a person to be a District Judge and assigned him to a post in cadre. Thereafter, transfer of incumbents is a matter within the control of District Courts including the control of persons presiding there as explained in the cited caseThere is no doubt that the State Government and the High Court were working together till Choudhurys name was suggested. This is not the first time when cordiality was ruined because a Secretarys name was suggested by the Minister and was not acceptable to the High Court. The Assam High Courts stand has been completely vindicated by Chandra Mohans case cited above, Civil Appeals Nos. 1136 and 1638 of 1966, D/- 8-8-1966: (reported in AIR 1966 SC 1987 ). Choudhury could not be transferred from another department and under the rules he could not be recruited from the Bar as there was no vacancy. Consultation loses all its meaning and becomes a mockery if what the High Court has to say is received with ill-grace or rejected out of hand. In such matters the opinion of the High Court is entitled to the highest regard13. We have considered very carefully the question of expunging Mr. Justice Duttas remarks. The power to expunge is an extraordinary power and can be exercised only when a clear case is made out. That another Judge in Mr. Justice Duttas place would not have made those comments is not the right criterion.The question is whether Mr. Justice Dutta can be said to have acted with impropriety. Although we think that Mr. Justice Dutta need not have made the remarks we cannot say that in making them he acted with such impropriety that the extraordinary powers should be exercised in this case.