Supreme Court of India

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

Neutral citation
Reported as [2011] 15 S.C.R. 51
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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