of 1979
Art.8
and Act No.15
of 1984
Art.29
Appeal he may, notwithstanding such appointment, discharge his functions in the
High Court until he completes the preparation and delivery of the decision or until
he completes any other business in connection with matters which he had started
hearing before his appointment as a Justice of Appeal, and for that purpose it shall
be lawful for him to deliver judgment or any other decision concerned in the
exercise of the jurisdiction he had before he was appointed Justice of Appeal;
provided that where ultimately that judgment or decision is challenged by way of
appeal to the Court of Appeal, then in such circumstances that Justice of Appeal
shall not have jurisdiction to hear that appeal.
Tenure of
office of
Justices of
Appeal
Act No.14
of 1979
Art.8
Act No.15
of 1984
Art.30
Act No.1
of 2005
Art.23
120.-(1) Every Justice of Appeal shall vacate his office upon attaining the
age of sixty-five, but the provisions of this subarticle shall apply subject to the
subsequent provisions of this Article.
Procedures
relating to
discipline of
Justices of
Appeal
Act No.1
of 2005
Art.24
(2) Any Justice of Appeal may vacate office in the service of the Untied
Republic at any time on attaining the age of sixty five years except where the
President directs that he should not vacate office, and if the President so directs,
then the Justice to whom the directions of the President relate shall not vacate
office until the expiry of the period specified by the President for that purpose.
(3) In the event that the President considers it to be in the public interest
that a Justice of Appeal who has attained sixty-five years of age continue in office,
and the Justice of Appeal agrees in writing to continue in office, then the President
may direct that the Justice of Appeal continue in office for any period which may
be specified by the President.
(4) Notwithstanding that a Justice of Appeal has attained the age at which
he is required by the provisions of this Article to vacate his office, a person who
was holding the office of Justice of Appeal may continue to perform the functions
of that office after attaining that age until he completes the preparation and
delivery of decision or until he completes any other business in connection with
matters which he had started hearing before attaining that age.
120A.-(1) The procedure for dealing with discipline of Justices of Appeal
for offences other than those specified under subarticle (2), shall be as prescribed
under the law to be enacted by the Parliament.
(2) A Justice of Appeal may be removed from office of a Justice of
Appeal for reason of inability to perform the functions of his office (either due to
illness or to any other reason) or for misbehaviour and shall not be removed from
office except in accordance with procedural provisions similar to those prescribed
for removal from office of the Judge of the High Court as stipulated in subarticle
(2) and (3) of Article 110A of this Constitution, and for that purpose the
provisions of subarticle (4) of Article 110A shall apply to the Justice of Appeal in
the same manner as applied to the Judge of the High Court.
(3) The provisions of this Article shall apply without prejudice to the
provisions of subarticle (5) of Article 118 of this Constitution.
70
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