Case: The State Of Orissa Vs. Sudhansu Sekhar Misra And Ors

v. Flood, (1898) AC 1 and what was decided therein, there are two observations of a general character which I wish to make, and one is to repeat what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical Code, whereas every lawyer must acknowledge that the law is not always logical at all.15. It is not a profitable task to extract a sentence here and there from a judgment and to build upon it. Neither Bagchis case, 1966-1 SCR 771 : (AIR 1966 SC 447 ) nor Ranga Mahammads case, 1967-1 SCR 454 : (AIR 1967 SC 903 ) is of any assistance to us in deciding the question whether the High Court has competence to fill some of the posts in the secretariat by transfer of judicial officers under its control. Just as the executive cannot know the requirements of a particular court, the High Court also can not know the requirements of any post in the secretariat. Just as the High Court resents any interference by the executive in the functioning of the judiciary, the executive has a right to ask the High Court not to interfere with its functions. It is for the executive to say whether a particular officer would meet its requirements or not. The High Court cannot, as contended by the learned Attorney-General, foist any officer on the government.16. The cadre with which we are concerned in this case consists of three parts i.e., (1) presiding officers of district courts, (2) the Registrar of the High Court and (3) the judicial officers working in the secretariat. No doubt all these officers belong to the judicial service of the State and they were before 1962 presiding over district courts or courts subordinate to them and as such were under the control of the High Court.Hence without the consent of the High Court the government could not have posted them to administrative posts in 1962. It must be presumed that they were taken over by the government with the consent of the High Court. While sparing the service of any judicial officer to the government It is open to the High Court to fix the period during which he may hold any executive post. At the end of that period, the government is bound to allow him to go back to his parent department unless the High Court agrees to spare his services for some more time. In other words, the period during which a judicial officer should serve in an executive post must be settled by agreement between the High Court and the government. If there is no such agreement, it is open to the government to send him back to his parent department at any time it pleases. It is equally open to the High Court to recall him whenever it thinks fit. If only there is mutual understanding and appreciation of the difficulties of the one by the other, there will be harmony.There is no reason why there should be any conflict between the High Court and the government. Except for very good reasons we think the High Court should always be willing, to spare for an agreed period the services of any of the officers under its control for filling up such executive posts as may require the services of judicial officers.The government, in its turn should appreciate the anxiety of the High Court that judicial officers should not be allowed to acquire vested interest in the secretariat. Both the High Court and the government should not forget the fact that powers are conferred on them for the good of the public and they should act in such a way as to advance public interest. If they act with that purpose in view as they should, then there is no room for conflict and no question of one dominating the other arises. Each of the organs of the State has a special role of its own. But our constitution expects all of them to work in harmony in a spirit of service.17. As Shri K. K. Bose and Shri B. K. Patro had not been placed at the disposal of the government for any definite period, it was open to the High Court to recall them and post them as presiding officers of district courts. Hence, the High Court was within its powers in posting Shri B. K. Patro as district and sessions judge of Ganjam-Boudh division, Shri K. K. Bose as district and sessions judge of Mayurbhanj-Keonjhar division, and Shri P. C. Dey, as district and sessions judge of. Bolangir-Kalahandi division though it would have been graceful if it had effected those transfers after reasonable notice to the government. But it was beyond the powers of the High Court to post Shri K. B. Panda as the law secretary Shri T. Misra as superintendent and legal remembrancer and Shri P. K. Mohanti a. the deputy law secretary. That part of the High Courts order is clearly unsustainable.But as mentioned earlier, the government has already implemented that part of the order as well. Those officers are now functioning in the posts to which they were transferred. The learned Attorney-General told us that the government has no objection to those officers continuing in those posts for the present. We are sure if any change is required the same will be effected by mutual understanding between the High Court and the government.18.

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

Explanation:
1[ds]9. It was not the case of the contesting respondents that Shri P. C. Dey, Shri K. K. Bose and Shri B. K. Patro had not the necessary qualifications to hold the posts they were holding. It was also not disputed that they had been validly appointed to those posts. In these circumstances we fall to see how the High Court could have held that they had no authority to hold the posts in question. Shir Sarjoo Prasad reamed counsel for the High Court of Orissa at the very commencement of his arguments con ceded that the order of the High Court holding that those officers had no authority to hold the posts in question is unsustainable. In view of that concession it is unnecessary for us to go into that question further.The cadre with which we are concerned in this case consists of three parts i.e., (1) presiding officers of district courts, (2) the Registrar of the High Court and (3) the judicial officers working in the secretariat. No doubt all these officers belong to the judicial service of the State and they were before 1962 presiding over district courts or courts subordinate to them and as such were under the control of the High Court.Hence without the consent of the High Court the government could not have posted them to administrative posts in 1962. It must be presumed that they were taken over by the government with the consent of the High Court. While sparing the service of any judicial officer to the government It is open to the High Court to fix the period during which he may hold any executive post. At the end of that period, the government is bound to allow him to go back to his parent department unless the High Court agrees to spare his services for some more time. In other words, the period during which a judicial officer should serve in an executive post must be settled by agreement between the High Court and the government. If there is no such agreement, it is open to the government to send him back to his parent department at any time it pleases. It is equally open to the High Court to recall him whenever it thinks fit. If only there is mutual understanding and appreciation of the difficulties of the one by the other, there will be harmony.There is no reason why there should be any conflict between the High Court and the government. Except for very good reasons we think the High Court should always be willing, to spare for an agreed period the services of any of the officers under its control for filling up such executive posts as may require the services of judicial officers.The government, in its turn should appreciate the anxiety of the High Court that judicial officers should not be allowed to acquire vested interest in the secretariat. Both the High Court and the government should not forget the fact that powers are conferred on them for the good of the public and they should act in such a way as to advance public interest. If they act with that purpose in view as they should, then there is no room for conflict and no question of one dominating the other arises. Each of the organs of the State has a special role of its own. But our constitution expects all of them to work in harmony in a spirit of service.As Shri K. K. Bose and Shri B. K. Patro had not been placed at the disposal of the government for any definite period, it was open to the High Court to recall them and post them as presiding officers of district courts. Hence, the High Court was within its powers in posting Shri B. K. Patro as district and sessions judge of Ganjam-Boudh division, Shri K. K. Bose as district and sessions judge of Mayurbhanj-Keonjhar division, and Shri P. C. Dey, as district and sessions judge of. Bolangir-Kalahandi division though it would have been graceful if it had effected those transfers after reasonable notice to the government. But it was beyond the powers of the High Court to post Shri K. B. Panda as the law secretary Shri T. Misra as superintendent and legal remembrancer and Shri P. K. Mohanti a. the deputy law secretary. That part of the High Courts order is clearly unsustainable.But as mentioned earlier, the government has already implemented that part of the order as well. Those officers are now functioning in the posts to which they were transferred. The learned Attorney-General told us that the government has no objection to those officers continuing in those posts for the present. We are sure if any change is required the same will be effected by mutual understanding between the High Court and the government.