Having number alternative before it, the government implemented the orders in question on March 6 1967, on the very day the decision of the High Court was rendered.
K. Daphtary, Attorney General, N.S. Bindra, G. Rath and R.N. Sachthey, for the appellant in all the appeals .
It directed the government to imple ment its orders forthwith.
Thereafter, he was, posted as superintendent and legal remembrancer.
The Judgment of the Court was delivered by Hegde, J. These cases are the outcome of an unfortunate companyflict between the High Court and the government of Orissa.
The governments prayer for necessary certificates for leave to appeal to this Court was rejected.
district and sessions judges as the case may be, the government turned down those requests on one ground or the other.
The High Court overruled the prayer made on behalf of the government to stay the operation of its decision till necessary orders were obtained from this Court.
Appeals by special leave from the judgment and order dated March 6, 1967 of the Orissa High Court in O.J.C. Nos.
Further it directed Shri Patro, Shri Bose and Shri Dey to companytinue in the posts they were holding.
The government as well as the companycerned officers in the returns made by them justified the action taken by the government.
district judges as the case may be, after they had held those posts for three years or more.
district and sessions judge, was posted as joint secretary in the law department in the same month.
Therefore, these appeals were filed after obtaining special leave from this Court.
judges, was posted as superintendent and legal remembrancer in March 1962 Shri K.K. Bose, addl.
By its order dated October 10, 1966, the High Court ordered the following transfers Shri K.B. Panda who was attached to the companymission of enquiry in companynection with students 1 1967 1 S.C.R. 454 agitation, as law secretary to the government of Orissa, Shri B.K. Patro, the then law secretary as district and sessions judge of Ganjam Boudh, Shri T. Misra, district and sessions judge, Ganjam Boudh, as superintendent and legal remembrance and ex officio additional law secretary to the government of Orissa, Shri K.K. Bose, the then superintendent and legal remembrance and additional law secretary as district and sessions judge of Mayurbhanj Keonjhar.
It is at this stage the petitions which have given rise to those appeals were filed by some of the advocates practising in one or the other of the sessions divisions mentioned above, praying for a writ of mandamus against the government as well as the companycerned officers to implement the transfers ordered by the High Court on October 10, 1966 and also a writ of quo warranto against Shri B.K. Patro, Shri K.K. Bose and Shri P.C. Dey requiring them to show cause under what authority they were holding the posts of the law secretary the superintendent and legal remembrancer and member sales tax tribunal, respectively.
policy decision was duly companymunicated to the government.
He worked in that capacity till February 1965.
The High Court insisted that ordinarily judicial officers should number hold those posts for more than three years.
1 1967 1 S.C.R. 454.
Shri P.K. Mohanti, district and sessions judge, Bolangir Kalahandi, as deputy secretary to the law department, a post which was vacant then, and Shri P.C. Dey, member sales tax tribunal, as district and sessions judge, Bolangir Kalahandi.
627 of 1967 .
CIVIL APPELLATE JURISDICTION Civil Appeals No.
On March 6, 1967 a special Bench of the High Court by majority allowed those petitions and made the rule absolute.
These orders were duly numberified in the Orissa Gazette.
Sarjoo Prasad and S.N. Prasad, for respondents Nos.
8, 23, 8 and 5 in C.As.
The High Court was repeatedly requesting the government to send back judicial officers working in administrative posts as district judges or as addl.
The High Court was anxious that a judicial officer occupying one of the administrative posts enumerated above, should number, in the interest of judicial work, companytinue in that post for an unduly long time.
Consequently, the sessions divisions of Ganjam Boudh, Mayurbhanj Keonjhar and Bolangir Kalahandi were without district and sessions judges for several days.
In pursuance of those orders, Shri K.B. Panda, Shri T. Misra and Shri P. K. Mohanti handed over charge of the posts they were holding and reported themselves at the secretariat for assuming charge of the posts to which they were posted.
Those officers acted in accordance with the orders of the government.
The above.
In every one of those petitions, rule nisi was issued.
Every time the High Court requested the government to release the three officers mentioned above for being posted as district and sessions judges or addl.
Shri B.K. Patro one of the district and sessions.
625 and 629 of 1967 and respondents Nos.
But the government refused to accept them.
625630 of 1967.
20 to 22 in C.A. No.
M. Patnaik and Vinoo Bhagar, for respondents Nos.
Shri P.C. Dey.
5 to 7 in C.As.
a district and sessions judge, was posted as member sales tax tribunal on 31 1 62.
6.25 627,629 and 630 of 1967 respectively .,
But when it came to the question of implementing that policy, the government was reluctant.
Out of these, the district and sessions judges and additional district and sessions judges were discharging purely judicial functions.
On that account, there appears to have been some friction between the High Court and the gov ernment for some years past.
495 and 496 of 1966, and 3, 4, 27 and 28 of 1967 respectively.
Soon after that decision was rendered and without any further dialogue with government in the light of that decision, the High Court took the precipitate step of transferring the aforementioned officers to other posts and in their place posted officers who were doing judicial work till then.
But those requests were number respected.
The government by its letter of April 2, 1965, intimated that it had numberobjection to adhere to the principle of three years service in an appointment at a particular station against a special post.
