The appellant was appointed by the Governor as a Munsiff in the State of Orissa in 1947.
The punishment of reduction in rank is said by the respondents number to be dismissal or removal because reduction in rank does number result in ouster from service.
On 31 July, 1968 the appellant was appointed by the Governor as an Additional District Judge.
The appellant did number do so.
Under the Constitution Subordinate Courts have been divided into two classes a District Judges, b other than the District Judges.
Under Rule 10 of the Orissa Superior Judicial Service Rules, 1963, the High Court is the appointing authority empowered to appoint ADM J s by promotion from the rank of Sub Judge.
235 relates to the companytrol by the High Court of the members of both the branches of Judicial Service Art.
The above order of reversion was challenged by the Appellant in a writ petition before the High Court of Orissa J.C. No.
An enquiry was held the Appellant was found guilty and the punishment awarded was stoppage of two increments.
While working as Additional District Sessions Judge, Cuttack, the Appellant companymitted acts of indiscipline, and was found to have tampered with judicial records.
And the matter stood companycluded.
In other words, the Governor companysidered the entire matter on merits and had before him the entire record relating thereto which was forwarded by the High Court.
1513 of 1974.
The High Court thereupon imposed the punishment of dismissal on the appellant and dismissed him.
A disciplinary proceeding was started against the Appellant on 1.2.1973 for deserting service.
1033 of 1973, which gave rise to CA No.
Based on the aforesaid orders, two numberifications, both dated 3 12 1973, were issued by the High Court dismissing the Appellant from service.
Appeals by Special Leave from the Judgments and orders dated 7th May 1974 and 30th November 1973 of Orissa High Court in O.J.C. Nos.
The Judgment of the Court was delivered by RAY, C.J. This appeal arises out of the judgment dated 3 December, 1973 of the High Court of Orissa The appellant filed a writ petition for quashing the order of the High Court dated 8 December, 1972 reducing the appellant in rank and for quashing orders dated 3 December, 1973 passed by the High Court dismissing the appellant from service.
1068, dated 15 1 1963, issued by Government, the Appellant was reverted from the post of temporary ADM J to his substantive rank of Sub Judge and he was posted as Sub Judge, Sundergarh.
The High Court dismissed the petition of the appellant.
The questions in this appeal are Whether the three Notifications aforesaid issued by High Court were valid as issued by a companypetent authority.
Three departmental proceedings had been started against the Appellant in respect of his work as Endowment Commissioner and he had also been companyvicted for companytempt of companyrt.
Submissions The High Court was companypetent to dismiss the Appellant from his post of ADM J .
The Appellant was superseded innumerable times and at practically every stage of his career.
By order dated 25.6.1973, the Inquiring Judge found the Appellant guilty of the charge of wilful absence from duty.
The Appellant remained absent from duty for one year until he was eventually dismissed in December 1973 by numberification dated 3.12.1973 .
168 of 1964 but the writ petition was dismissed by judgment reported at ILR 1966 Cuttack 503.
The Appellant notwithstanding that he claimed to be seriously ill came to the High Court on 27 11 1973 and filed O.J.C. No.
The appointment was made by Government as the Orissa Superior Judicial Service Rules, 1963, had number then companye into force and Article 235 had number been interpreted in Bagchis case 1966 1 SCR 771 by the Supreme Court.
The Appellant was under suspension from 15 5 64 to 9 4 1967.
But subsequently, on 21 3 1972, the order of reversion was cancelled by the Governor, who suggested that departmental proceedings companyld be drawn up against the Appellant.
A fresh disciplinary proceeding was started against the appellant for wilful absence from duty.
The High Court companysulted the Public Service Commission regarding the proposed punishment of dismissal to be awarded to the Appellant, and the PSC had companycurred therein.
The Appellant field O.J.C. No.
1087 of 1973 in the High Court challenging, inter alia, the orders of dismissal, the order of reduction in rank, and seeking a declaration that he should be companysidered senior to one B. R. Rao, who superseded him in 1961, and as holding the post of District Judge before B. R. Rao.
Another order of 3 December 1973 recited that in pursuance of the order passed by the Court in exercise of its powers under Article 235 the appellant an officer of the Orissa Judicial Service Class I, officiating in the Junior Branch of the Orissa Superior Judicial Service, who has been companyvicted on the charge of criminal companytempt by judgment of the Orissa High Court reported in I.L.R. 1973 Cuttack 134 Registrar of the Orissa High Court v. Baradakanta and Anr.
The orders of dismissal are said by the High Court to be recommendation to the Governor of dismissal of the appellant.
The Enquiring Judge also found The appellant guilty of tampering with the records of the Court.
He thereafter asked for inspection of certain documents.
The Appellant preferred a petition for special leave to appeal to the Supreme Court SLP Civil No.
The questions for companysideration are two.
With regard to the orders of dismissal the respondents submitted that the appellant preferred appeals from the orders.
The Appellant did number proceed to Sambalpur, and never joined his post as ADM J .
A date was appointed but he did number inspect any document.
The appellant was appointed by the Governor on 28 March, 1962 as Additional District Magistrate Judicial .
The appellant did number join the new station number did he apply for leave.
In 1961, a new cadre of Additional District Magistrates Judicial was created by Government ADM J s ranked between Sub Judge and District Judge.
The appellant challenged the order of reversion in a writ petition in the High Court of Orissa.
This act of cancellation of the reversion order has been companymented on by this Honble Court in 1974 2 SCR 282 at 288 Baradakanta Mishra vs. Registrar of Orissa High Court anr.
Subsequently, he was appointed officiating Additional District Sessions Judge, Cuttack.
The Appellant was thereupon reverted to the rank of ADM J on 1 9 1971.
The Appellant was supperseded by four judicial officers when appointments were made to the new cadre of ADM J on 28 9 1968.
By order dated 30 11 1973, the Appellant was dismissed for having been found guilty of the charge of having deserted service.
The matter was enquired into by a Judge of the High Court The appellant submitted that the order reducing him was beyond the powers of the High Court.
The Appellant was posted as ADM J , Sambalpur, by numberification dated 8 12 1972, which was served on him on 9 12 1972.
For Respondent No.1 Facts and dates The Appellant was appointed as a Munsiff, on probation, in 1947 and was companyfirmed in that cadre in 1948.
The Enquiring Judge found him guilty The appellant was given an opportunity to show cause against the order.
On 8 December, 1972 the High Court imposed on the appellant the punishment of reduction in rank from the post of Additional District and Sessions Judge to an Additional District Magistrate Judicial .
The Governor has numberpower to appoint ADM J s or to appoint Sub Judges under the Orissa Judicial Service Rules, 1964, which relate to Munsifs and Sub Judge the High Court alone can appoint Sub Judges by promoting Munsiffs .
First, whether the High Court was companypetent to reduce the appellant in rank.
By numberification No.
307A dated 3 12 73 he was dismissed from service again on the same date by another Notification No.
The Appellant was appointed Sub Judge by promotion and was companyfirmed as such on 20.9.1958.
Sachin Chaudhary and Vinoo Bhagat, for the respondent No.
In both the numberification he was described as belonging to the Orissa Judicial Service Class I, officiating in the Junior Branch of the Superior Judicial Service.
308, he was dismissed from service for the second time.
The appellant challenged this order.
With regard to the enquiry pursuant to the charges delivered to the appellant on 29 April, 1972 the learned Judge of the High Court who was the Enquiring Judge came to the companyclusion that one of the charges was established that the appellant after pronouncing judgment on 22 June, 1971 penned through his signatures on the judgment and entered into the order sheet that It was number delivered.
proceeding against the appellant was companytemplated.
By order dated 8.12.1972, the High Court imposed the punishment of reduction in rank from Additional District Sessions Judge to ADM J the Public Service Commission was companysulted regarding the imposition of this punishment and it companycurred.
He did number do so.
The Appellant was found guilty of the charges framed against him.
On 5 February, 1968 the High Court appointed the appellant to the post of Additional District Magistrate Judicial by promotion.
The application was rejected.
Hence all the orders may be quashed and the appeal be allowed with companyts, as the appellant has done numberhing to disentitle him from getting companyts.
He was later on reverted to the position of a Sub ordinate Judge and then again promoted to the position of an Additional District Magistrate Judicial , by a numberification issued by the Government.
In the background of this Enquiry the High Court ordered that the appellant be reduced to the rank of Additional District Magistrate.
Disciplinary proceedings were started against the Appellant by the High Court, and the Appellant was placed under suspension.
The Appellant made a representation to Government against this supersession but the same was rejected, The Appellant was superseded again when more appointments were made to posts of ADM J the Appellant was companysidered but found unfit.
53 of 1967 but the same was rejected.
On 30 March, 1972 the High Court passed an order in exercise of powers under Article 235 to the effect that the appellant was placed under suspension forthwith because a disciplinary.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The High Court rejected his request for adjournment and fixed the hearing for 30 11 73.
The respondents submit that the appellant did number challenge the order of the Governor, and, therefore, the orders have become final.
On 29 April, 1972 charges were served on the appellant.
The Appellant was promoted officiating Additional District Judge by the Governor.
which was companyfirmed by the Supreme Court by judgment dated 19 November, 1973 Baradakanta Mishra v. Registrar, Orissa High Court Anr.
The judgment of this Court is reported in 19742 S.C.R. 282.
1087 of 1973 by judgment dated 7.5.1974 this judgment is impugned in CA No.
The Appellant companymitted acts of misconduct while working as Sub Judge, Sundergarh, after his reversion aforesaid.
Purshottam Chatterjee and C. S. S. Rao, for the appellants.
1097 of 1973.
O.J.C. No.
On 28.3.1962, the Appellant was, for the first time, appointed to officiate as ADM J .
He was asked to submit an explanation.
234 relates to others in Judicial service than the District Judges.
The appellant made an application for special leave to appeal to this Court being Special Leave Petition Civil No.
It is said that under Rule 10 of the Orissa Superior Judicial Service Rules 1963 the High Court is the appointing authority empowered to appoint Additional District Magistrates Judicial by promotion from the rank of Subordinate Judge.
2291 dated 8 12 72 he was reduced in rank from the Senior branch of the Superior Judicial Service to the Junior branch of the same Judicial Service, i.e. he was reduced to position of an Additional District Magistrate Judicial from the position of an Additional District Judge.
By another order also dated 30.11.1973 the High Court also awarded the punishment of dismissal on account of the Appellants companyduct leading to his companyviction for companytempt of companyrt, which was upheld by the Supreme Court in 1974 2 SCR 282.
The Appellant was appointed by the Governor as a Munsiff in 1947.
On the 31st July, 1968, he was appointed by the Governor as an Additional District Judge 4 on 8 12 72, by a numberification No.
After the order of reduction on 8 December, 1972 the High Court issued orders posting the appellant as Additional District Magistrate Sambalpur and directed him to join at his new station.
Later by numberification No.
Gobind Das and B. Parthasarathi, for respondent No.
41 of 1973 is on the ground of companyduct leading to such companyviction, dismissed from service with immediate effect.
The Enquiring Judge also found the appellant guilty of the charge that though the appellant was ordered by the Court pending enquiry and during his suspension to fix the Headquarters at Cuttack he did number companyply with the order.
in Criminal Appeal No.
The Appellant was offered an opportunity of being heard personally by the Full Court on 27 11 73, but the Appellant wrote to the High Court on 24.11.73 that he was seriously ill and had been advised companyplete rest for a fortnight.
ARGUMENTS For the Appellants This appeal relates to the Writ Petition No.
After the cadre was created, the appellant was superseded, but later on was appointed by the Governor as Additional District Magistrate Judicial .
53 of 1967.
The Appellant was dismissed on two companynts, which were recorded in two separate orders as the orders were passed on two separate proceedings.
Second whether the High Court companyld pass orders dismissing the appellant from service.
Thereafter, he worked under Government as Joint Secretary, Law Department and later on as Endowment Commissioner.
The writ petition was dismissed as will appear from the judgment reported in I.L.R. 1966 Cuttack 503.
The order passed by the High Court dated 8 December, 1972 records that in pursuance of the companytrol vested in the High Court under Article 235 of the Constitution in a disciplinary proceeding initiated on charges dated 29 April, 1972 against the appellant an officiating member of the Orissa Superior Judicial Service Senior Branch the appellant is reduced in rank with immediate effect and is released from suspension.
1512 and 1513 of 1974.
1512 of 1974.
233 relates to the District Judges.
1097 and 1033 of 1973 respectively.
He was in companyrse of time promoted to the post of a Subordinate Judge.
The High Court dismissed the said J.C. No.
The High Court appointed the Appellant to the post of ADM J , by promotion, on 5.2.1968.
In 1961 a separate cadre of Additional District Magistrates Judicial was created by the Government.
The appellant was on 15 January, 1963 reverted from the post of Additional District Magistrate Judicial to the rank of Subordinate Judge.
One of the orders of dismissal recited that in pursuance of the order passed by the Court in exercise of its powers under Article 235 of the Constitution in a disciplinary proceeding initiated on charges dated 1 February, 1973 the appellant an officer of the Orissa Judicial Service Class I officiating in the Junior Branch of the Orissa Superior Judicial Service is dismissed from service with immediate effect.
