Judgement

BHAGWATI, J.:- Since we are disposing of this appeal on preliminary point, it is not necessary to state the facts in detail. It would be sufficient if we state only so much of the facts as bear on the preliminary point.

2. The appellant was at all material times a member of the Judicial Service of the State of Orissa. He was promoted as an Additional District and Sessions Judges on 31st July, 1968 but by an order dated 30th March, 1972 made by the High Court of Orissa, he was suspended as a disciplinary inquiry was decided to be instituted against him. On 29th April, 1972 a charge-sheet containing eight charges was served on him and he was called upon to show cause why disciplianry action would not be taken against him. In the meantime, on the 10th April, 1972, the appellant addressed an appeal to the Government complaining against the order of suspension passed by the High Court and requesting the Governor to cancel the order of suspension on the ground that it was outside the authority of the High Court. The High Court withheld the appeal of the appellant and refused to forward it to the Governor since in its opinion no appeal lay to the Governor against an order of suspe