1976 (5) TMI 105 - SC - Indian Laws

Summary

Issues Involved:
1. Competency of the High Court to reduce the appellant in rank.
2. Authority of the High Court to dismiss the appellant from service.
3. Validity of the notifications issued by the High Court regarding the reduction in rank and dismissal.
4. Interpretation and application of Articles 233, 234, and 235 of the Constitution.
5. Applicability of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962.

Issue-wise Detailed Analysis:

1. Competency of the High Court to Reduce the Appellant in Rank:
The appellant was initially appointed as a Munsiff and later promoted to Subordinate Judge and Additional District Magistrate (Judicial). The High Court, exercising its disciplinary control under Article 235, imposed a punishment of reduction in rank from Additional District and Sessions Judge to Additional District Magistrate (Judicial). The Supreme Court examined whether the High Court had the authority to impose such a punishment. It was concluded that the reduction in rank is a major punishment under Article 311 and can only be imposed by the Governor, the appointing authority. The High Court's order dated 8 December 1972 reducing the appellant in rank was deemed unconstitutional and quashed.

2. Authority of the High Court to Dismiss the Appellant from Service:
The appellant was dismissed from service based on two separate orders dated 3 December 1973, following disciplinary proceedings for wilful absence from duty and conduct leading to a conviction for contempt of court. The Supreme Court reiterated that under Article 235, the High Court has disciplinary control over District Judges but cannot impose major punishments such as dismissal or removal. Such powers are vested in the Governor. The orders of dismissal issued by the High Court were therefore invalid as they were based on the unconstitutional reduction in rank.

3. Validity of the Notifications Issued by the High Court:
The Supreme Court held that the notifications issued by the High Court reducing the appellant in rank and subsequently dismissing him from service were null and void. The initial order of reduction was unconstitutional, and any subsequent orders based on it were also invalid. The confirmation of these orders by the Governor did not render them valid, as an appellate authority cannot validate a void order.

4. Interpretation and Application of Articles 233, 234, and 235 of the Constitution:
Article 233 deals with the appointment, posting, and promotion of District Judges by the Governor in consultation with the High Court. Article 234 pertains to the appointment of persons other than District Judges to the judicial service by the Governor in consultation with the Public Service Commission and the High Court. Article 235 vests control over district courts and subordinate courts in the High Court, including posting and promotion but excluding major punishments like dismissal or reduction in rank. The Supreme Court emphasized that these Articles should be read harmoniously to avoid conflicts between the High Court and the Governor.

5. Applicability of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962:
The Orissa Civil Services (Classification, Control and Appeal) Rules, 1962, framed under Article 309, specify that the appointing authority, the Governor, alone can impose major penalties such as reduction in rank and dismissal. The Supreme Court confirmed that these rules apply to District Judges and Additional District Magistrates (Judicial). Hence, the High Court's actions in reducing the appellant in rank and dismissing him were beyond its jurisdiction.

Conclusion:
The Supreme Court allowed the appeal, quashed the orders of the High Court dated 8 December 1972 and 3 December 1973, and held that the appellant would be deemed to have continued as an Additional District Judge until his retirement. The parties were directed to bear their own costs.