THE STATE OF BIHAR AND ORS. versus SURESH CHANDRA MUKHERJEE

Citation: [1996] SUPP. 2 S.C.R. 283 · Decided: 02-05-1996 · Supreme Court of India · Bench: J.S. VERMA, K. VENKATASWAMI · Disposal: Disposed off

Judgment (excerpt)

I 
THE STATE OF BIHAR AND ORS. 
A 
v. 
SURESH CHANDRA MUKHERJEE 
MAY 2, 1996 
[J.S. VERMA AND K. VENKATASWAMI, JJ.] 
B 
Judiciary: 
Independence of judiciary-Higher Judiciaiy--Retired High Court 
Judge-Govcmment of Bihar offering him appointment as Presiding Officer C 
Industlial T1ibunal on conditions of re-e111p/oyn1ent Governnzent not coniply-
ing with the tenns as offered in the Notification-Wiit petition for direction to 
State Govemment to extend the facilities as per Notification allowed by High 
Coiat-Govenunent contesting the nzatter and filing SLP in Suprenze 
Court--Respondmt seeking to withdraw writ petition filed by him in High 
Court even after w1it petition was allowed-Prayer granted-Held, the stand D 
taken by the respondent, a retired fudge of Patna High Cowt is indeed to be 
commended and is consistent with" high traditions and dignity of the high 
office which he has held-State govemment is re;ponsible for creation of a 
situation which led the respondent to file a w1it petition in the High Court-It 
is unfortunate that the Govemment failed to appreciate that it was inap-
_E 
propriate on its part to invite the respondent to accept an appointment after 
his retirement under the impression that the condition thereof would be 
commensurate with the dignity of the office of the High Cowt Judge and then 
to have resiled therefrom causing embarrassment to the re.1pondent as well as 
to the Patna High Court--Govemment of Bihar will at least now appreciate 
the correct approach which is expected from the executive in such matters-ft 
is also expected that the higher judiciary will take not of this incident to ensure 
that no one else is aposed to a sin1ilar embaTTassnzent in future on account · 
of insensitivity of any Govemment in making such an offer to a retired 
superior Judge-77iis incident has thrown up for reflecting this aspect which 
F 
is intimately connected with the independence of judiciary. 
G 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7781 of 
1996. 
From the Judgment and Order dated 28.1.94 of the Patna High Court 
in C.W.J. No. 6878 of 1993. 
H 
283 
284 
SllPREMF COURT lffl'ORTS [l996J Sl!PP. 2 S.C.R. 
A 
H.L. Aggarwal for B.B. Singh for the Appellants. 
A. Sharan for the Respondent. 
The fullowing Order of the Court was delivered : 
B 
Lea\'e granted. 
c 
D 
E 
F 
G 
H 
Shri AmarenJra Sharan, learned counsel for the respondent has filed 
a mcmorandun1 on behalf of the respondent seeking leave to \Vithdra\v the 
writ petition filed by the respondent in the High Court, even though that 
\Vrit petition has been ailo\ved by the High Court, stating in tha1 men10 as 
under : 
111. The instant Special Lea\'c Petition is directed against the ()rder 
of the Patna High Court dated 28th January, 1994 in C.W J.C. No. 
6878/93. The Respondent filed a writ petition seeking enfureee-
n1ent of certain benefits \Vhich \Vere consistent \Vith the Notifica-
tion by which he was appointed as a Presiding Officer of the 
Industrial Tribunal. The Notification dated 18th March, 1993 states 
that he would be appointed as a Presiding Officer of the Industrial 
Tribunal on conditions of re-employment. 
2. In view of the Slate of Bihar not offering the conditions of 
re-employment as stated in the Notification, the Respondent filed 
the writ petition in which the Order under Appeal has come to be 
passed. 
3. The Respondent upon a reflection of the matter, consistent with 
the high traditions and dignity of the office which he held as Judge 
of the Patna High Court, is of the considered view that he need 
not have approached the High Court as a petitioner even to seek 
enforcement of what he believed to be his legitimate right. Upon 
a re-consideration of the matter, the respondent craves leave of 
your Lordships to withdraw his petition. Consistent with the tradi-
tions of high office that the Respondent has held, the Respondent 
prays that Your Lordship may be pleased to give this opportunity." 
On the facts and in the circumstances of this case, \Ve are satisfied 
J,
STATE v. S.C. MUKHERJEE 
285 
that the stand taken by the respondent, who is a retired Judge of the Patna A 
High Court, is indeed to be commended and that it is consistent with the 
high traditions and dignity of the high office which he has held. 
The facts of this case do indicate that the Government of Bihar is 
responsible for the creation of a situation which led the respondent to file B 
a writ petition in the High Court in the belief th

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