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1996 DIGILAW 994 (RAJ)

Hot Chand v. Union of India

1996-09-02

N.K.JAIN

body1996
JUDGMENT 1. - Counsel submits that once respondent No.2 is appointed Chairman, Central Administrative Tribunal by the President and joined the office on 8.5.1996, it will be deemed that he has vacated the office of Chief Justice. Merely on resignation from the, post of Chairman, Central Administrative Tribunal which was accepted by the President of India with effect from C9.%, he cannot join the office of Chief Justice automatically and the provisions of Article 217(1)(c) should be read in the context that he is deemed to have vacated the office of Chief Justice. He also submits that while accepting the resignation by the President his desire to go back as Chief Justice, Rajasthan High Court has impliedly been turned down. He submits that an identical Case No. 3482/96 has been admitted and stay has been granted. 2. Admit. Issue notice to the respondents and also issue notices of stay petition returnable in three weeks. 3. Meanwhile the respondent No.1 is directed not to issue any order to allow respondent No.2 to work as Chief Justice, Rajasthan High Court and to restrain him from joining, functioning and resuming the office of Chief Justice of Rajasthan High Court, till further orders. After service, connect with SBCWP No. 3482/96. 4. It will be responsibility of the petitioner to get service of notices on the respondents.Stay Order Passed. *******