UNION OF INDIA Vs. GOPAL CHANDRA MISRA

JUDGEMENT

(1.) By a short Order, dated December 8, 1977, we (by majority) accepted these two appeals and announced that a reasoned judgment shall follow in due course. Accordingly, we are now rendering the same.

(2.) Whether a High Court Judge, who sends to the President, a letter in his own hand, intimating to resign his office with effect from a future date, is competent to withdraw the same before that date is reached - is the principal question that falls for consideration in these two appeals, directed against a judgment, dated October 28, 1977, of the High Court of Judicature at Allahabad, allowing the writ petition of Shri Gopal Chandra Misra, respondent herein, and issuing a direction under Art. 226 of the Constitution, restraining Shri Satish Chandra (hereinafter referred to as Appellant 2) from functioning as a Judge of the Allahabad High Court.

(3.) Appellant 2 was appointed to the High Court of Allahabad as Additional Judge on October 7, 1963, and a permanent Judge on September 4, 1967. He will be attaining the age of 62 years on September 1, 1986. On May 7, 1977, he sent a letter under his hand addressed to the President of India, through a messenger. This letter may be reproduced as below :-