Judgment

GAJENDRAGADKAR, J. : The short and initial question as to whether a Rule Nisi should be issued on the petition filed by the respondent Jyoti Prokash Mitter, a Judge of the Calcutta High Court, against the appellant the Chief Justice of the said High Court, has given rise to a difference of opinion amongst the Judges of the Calcutta High Court who have dealt with it. By his petition, the respondent has claimed a writ in the nature of mandamus and/or appropriate directions, order or writs under Art. 226(1) of the Constitution recalling the order passed by the appellant by which he has decided that the respondent has retired from his post as a Judge with effect from December 27, 1961. The respondent also claims an appropriate order or direction restoring to him his duties and functions as well as his rights and privileges as a Judge of the said High Court. This petition was filed by the respondent on January 2, 1962. B. N. Banerjee, J. who heard this petition held that it was not necessary to issue a Rule Nisi on it, and so, on January 3, 1962, he dismissed the petition in limine.

2. The respondent then took the matter before a Division Bench by an appeal. Mitter and Laik JJ. w