SARAT KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) A Bench of this Court while hearing the present writ application, keeping in view the importance of the question involved, the same being whether the order impugned in the case which has emanated from the Government and was at variance with the recommendation of this Court, could stand on the face of Art. 235 of the Constitution, has referred the following question for answer to the larger Bench:-

(2.) It is because of the aforesaid order of the Division Bench that the matter has been placed before us. Instead of answering the question as framed, which is very broad. We have, with the consent of the learned counsel of the parties, confined ourselves to the two questions relating to the petitioner which arise in this case, in answering which we shall have to apply our mind to the broad question also.

(3.) We have heard Shri J. Das, learned counsel for the petitioner, and Shri S. K. Das, learned Government Advocate for the State Government. To enable us to answer the question as indicated above, let the basic facts giving rise to the present petition be noted. These are. The writ petitioner while serving as a District Judge, which is a post borne in the Orissa Superior Judicial Service (Senior Branch), came to face a disciplinary proceeding on some charges, the first of which was served on the petitioner on 12.12.1969 and the second on 28.1.1970. The enquiry came to be closed in Dec., 1970. On 11.3.1971, the petitioner was informed over telephone by opposite party No. 3, Registrar of this Court, about the decision of the Court, which was to the following effect:-