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TMI Blog2012 (3) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... aring. However, proviso (b) to Article 311(2) provides for dispensing of such condition on reasonable and legal grounds. In present case, High Court on basis of facts was of the opinion that holding of such enquiry should be dispensed with in view of the fact that if an enquiry is held the same may lead to the question of validity of several judgments rendered by the appellant. Because of legal and valid grounds there was no necessity of giving him any opportunity of hearing. Subsequent to that, the Governor decided to invoke the provisions of Article 311(2) (b) of the Constitution of India and dispensed with condition of holding enquiry. Thus, procedure and the pre-conditions laid down for invoking the extra-ordinary power under Article 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-application of mind in passing the impugned order of removal by exercise of power under proviso (b) to Article 311(2) of the Constitution of India. 5. The aforesaid submissions were considered by the High Court in the light of the material available on record. The High Court found that the appellant was promoted as sub-ordinate Judge, Garhwa and that on 05.05.2003, the then Inspecting Judge inspected the Garhwa Civil Court and inspected the records relating to the appellant and submitted his confidential report to the then Chief Justice of the Jharkhand High Court against the appellant stating that the appellant did not use to prepare judgments on his own, rather he used to get it prepared through some body else before delivering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om service was legal and justified. 7. Being aggrieved by the aforesaid order the present appeal was filed on which we have heard learned counsel appearing for the parties. 8. Within the scheme of the Constitution of India, provisions relating to public service may be found in Articles 309, 310 and 311. It is important to note that these provisions (namely Arts. 310 and 311) afford protection to public servants from being dismissed, removed or reduced in rank without holding a proper inquiry or giving a hearing. 9. Article 311 provides for the protection to public servant against punitive action being taken against them by an authority subordinate to one who appointed him. Exceptions to Article 311 has been provided in clause (a), (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is an exception provided by way of incorporation of Article 311 (2) with sub-clauses (a), (b) and (c). No such enquiry is required to be conducted for the purposes of dismissal, removal or reduction in rank of persons when the same related to dismissal on the ground of conviction or where it is not practicable to hold an enquiry for the reasons to be recorded in writing by that authority empowered to dismiss or removed a person or reduce him in rank or it is not practicable to hold an enquiry for the security of the State. These three exceptions are well recognized for dispensing with an enquiry, which is required to be conducted under Article 311 of the Constitution of India when the authority takes a decision for dismissal or removal or r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the pre-conditions laid down therein meaningfully and effectively. 11. In the case in hand, the officer concerned was working as sub-ordinate Judge and during the course of inspection by the Inspecting Judge it was found that he did not use to prepare judgments on his own, he used to get it prepared through some body else before delivering the judgments. Undisputedly, the inspecting Judge submitted his report to the Chief Justice of the High Court. The High Court considered the said report and thereafter was of the opinion that it is not possible to hold an enquiry in the case of the appellant and that holding of such enquiry should be dispensed with in view of the fact that if an enquiry is held the same may lead to the question of val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... romotions of district judges in any State is to be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. The aforesaid provision, like Articles 234 236, have been incorporated in the Constitution of India inter alia to secure the independence of judiciary from the executive and the same deals with the scope of separation of power of the three wings of the State. 15. It cannot be disputed that the power under the aforesaid Articles is to be exercised by the Governor in consultation with the High Court. Under the scheme of the Indian Constitution the High Court is vested with the power to take decision for appointment of the sub-ordinate judiciary under Articles 234 to 236 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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