RANJIT PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by Special Leave is directed against the Judgment and Order of the High Court of Patna dismissing a Writ Petition filed by the appellant.

(2.) The appellant is an Additional Subordinate Judge in the Bihar Judicial Service. Disciplinary proceedings were taken against him and ended in an order imposing the punishment of censure, the withholding of annual increments for two years, postponement of his case for promotion for a like period and the denial of emoluments in excess of the subsistence allowance for the period of suspension. The appellant filed a Writ Petition in the High Court challenging the order of punishment on several grounds but did not succeed. He urged also that the appeal filed by him to the Governor against the order of punishment should not have been withheld by the High Court but should have been despatched to the State Government for consideration. The High Court held that no appeal lay to the State Government and therefore rejected the plea.

(3.) On 16 September, 1986 this Court granted special leave to the appellant confined to the question whether an appeal lay to the Governor against the order of the High Court. That is the sole question for consideration before us.