G. K. MITTER, K. N. WANCHOO, K. S. HEGDE, R. S. BACHAWAT, V. RAMASWAMI
State Of Orissa – Appellant
Versus
Sudhansu Sekhar Misra – Respondent
Judgement
HEGDE, J. :- These cases are the outcome of an unfortunate conflict between the High Court and the Government of Orissa.
2. The Orissa Superior Judicial Service (senior branch) is a combined cadre consisting of officers holding purely judicial posts as well as posts which are essentially administrative in character. It consists of Bight district end cessions Judges, two additional district end cessions judges. secretary to government in the law department, superintendent and legal remembrancer, law department, deputy secretary to government in the law department, member, administrative tribunal and the Registrar of the Orissa High Court in all 15 in number. A11 these officers are the members of the Orissa "Judicial Service" within the meaning of that expression in Article 236 (b) of the Constitution. Out of these, the district and sessions judges and additional district and sessions judges were discharging purely judicial functions. In view of Article 229 of the Constitution, the power to appoint the Registrar of the High Court is exclusively that of the Chief Justice. Neither the High Court as such nor the Governor has any hand in his appointment. The power to appoint the
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