BARADA KANTA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition is under Article 226 of the Constitution of India for an appropriate direction, order or writ as provided therein. The petitioner is a member of the Judicial Branch of the Orissa Civil Service. The petition is directed against the Government Order issued under Notification No. 1068, dated 15 January 1963, reverting the petitioner from the post of temporary Additional District Magistrate rank of Se Judge. h it amounted to his reduction in rank as contemplated in Article 311 of the Constitution of India, Therefore, the procedure as laid down therein not having been admittedly followed and the petitioner not having been given any opportunity of showing cause against that order, it is said to be void, illegal and not binding in law.

(2.) THE persons impleaded as members of the opposite party to the petition are two: (1) Government of the State of Orissa, and (2) High Court of Oriasa. Before, however, the controversy as between the parties is taken up for consideration, it is, I think necessary, to set out at first the necessary and important facts of the case which are here more or less admitted. They are as follows.

(3.) THE petitioner was Initially appointed as a Munsif on probation on 27 June 1947. In due course he was confirmed as a Munsif and sometime in the first-half of 1956 he was promoted temporarily to the post of Subordinate Judge, Subsequently on 24 January 1962 he was confirmed in the cadre of Subordinate Judge with effect from 20 September 1958.