Judges of Family Court not entitled to promotion to HC: SC

PRESS TRUST OF INDIA

New Delhi, Nov 12: Judges of family court and other quasi-judicial bodies are not entitled for promotion to High Court and they are not an "inextricable" part of judicial services, the Supreme Court has said.
 The court said numerous tribunals and quasi-judicial bodies, which are settling disputes of different nature, cannot be called courts whose presiding officers are entitled for being elevated to High Courts.
 "Such tribunals or bodies exercise a very limited jurisdiction. It will not be appropriate to treat them as an inextricble part of  state judicial services or call them courts as understood in our Constitution merely because they give a final decision, because they hear witnesses, because two or more contesting parties appear before them, because they give decisions which affect the right of the parties and an appeal might be provided against their decision," the apex court said.
 A bench of Justices Swatanter Kumar and C K Prasad passed the order while dismissing the pleas of judges of family court of Maharashtra. "The expression `judicial service' cannot be given a wider meaning than the one given to it under the Constitution. To expand that meaning to the extent that all services dealing with the process of determination of disputes should be included would tantamount to introducing words which have not been used by the Constitution," the bench said.

Lastupdate on : Fri, 12 Nov 2010 21:30:00 Makkah time
Lastupdate on : Fri, 12 Nov 2010 18:30:00 GMT
Lastupdate on : Sat, 13 Nov 2010 00:00:00 IST



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