From the Judgment and Order dated 4.5.1977 of the Gujarat High Court in Special Civil Application No.
While the reference was pending before the Full Bench, the decision in Mashruvala case was set aside by this Court in State of Gujarat v. R.C. Mashruvala, 1977 2 SCC 12 and it was held that the Registrar of the Small causes Court was judicial officer in the judicial service of the State and came within the scope and intend of Articles 235 and 236 of the Constitution of India.
The District Judge by the order dated June 5, 1974 imposed the penalty of withholding their future promotions with permanent effect.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Disciplinary proceedings were initiated against them on the charge that they falsely identified three persons before a Judicial magistrate.
At the enquiry both of them admitted the charge and prayed for mercy.
Anip Schthey and Ms. Rashmi Dhariwal for the Respondents.
2107 of 1977.
2265 of 1974.
K. Dholakia and P.C. Kapur for the Appellants.
The Judgment of the Court was delivered by KULDIP SINGH, J. R.M. Gurjar and D.N. Jadhav were working as junior clerks in the Civil Courts under the administrative companytrol of District Judge, Broach, Gujarat.
Whether the companytrol vested in the High Courts under Article 235 of the Constitution is exercisable only over members of the judicial service of the State as defined in Article 236 b or whether the ministerial officers and servants on the establishment of the subordinate companyrts are also ultimately subject to such companytrol?
Accordingly, the learned single Judge, referred the following two questions to be decided by a larger Bench Whether the High Court on its administrative side has jurisdiction to enhance the penalty imposed by the District Judge upon a member of the ministerial staff of the subordinate Court in exercise of the powers of review companyferred by rule 23 of the Gujarat Civil Services Discipline and Appeal Rules, 1971?
