SATYANARAIN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Proceedings were started against the appellant a Range Assistant engineer, for some delinquency in the performance of his duty. A departmental enquiry was held and the enquiry officer submitted his report provisonally holding that the appellant was guilty of the delinquency charged against him. By a notice, dated 17/05/1968, the appellant was called upon to show cause why he should not be removed from service.

(2.) The appellant then moved a petition under Article 226 of the Constitution in the High court of Patna challenging the validity of the notice. The High court summarily dismissed the petition. An application for a certificate to appeal to this court was however successful. The High court granted a certificate under Article 133 (1) on the assumption that the value of the subject-matter in dispute was more than Rs. 20,000. 00. In our judgment the High court was incompetent to grant the certificate.

(3.) Under Article 133 of the Constitution an appeal may lie to this court from any judgment or decree or final order in a civil proceeding of a High court in the territory of India if the High court certifies-