MR. HUNTERasked the Under Secretary of State for India, Whether the Chief Justice of Bengal is about to take leave; whether, on a former occasion when the Chief Justice took leave, the senior puisne Judge, Mr. Mitter, was appointed to act as Chief Justice during his absence; and, whether, on the present occasion, the same course would be followed, or a Judge junior to Mr. Mitter appointed?
THE UNDER SECRETARY OF STATE (Sir UGHTRED KAY-SHUTTLE-WORTH)Sir Richard Garth has found leave of absence to be absolutely neces- 713 sary, because of the state of his health. He has, at the same time, expressed a wish to retire; and I have reason to know that by the end of March his retirement will take place. In that case it is not likely that a temporary appointment will be necessary. I believe that what is stated in the second paragraph of the Question is quite correct. There has been a rumour that Mr. Justice Cunningham would be appointed to act in Sir Richard Garth's absence; but that rumour has no foundation. Nor it is true that there has been an intention to pass over Mr. Mitter.