Judgment

RAY, C. J.: - These appeals by certificate raise the question as to whether the confirmation of N. S. Rao was to be made by the Governor or by the High Court.

2. Rao was appointed on 23 June, 1970 on probation under Rule 9 of the Punjab Superior Judicial Service Rules 1953. He was appointed as District, Additional District and Sessions Judge. He assumed charge on 7 July, 1970. On 7 July, 1972 he completed two years of probation. On 15 July, 1972 the High Court received a complaint from Manbat Rai Gaba. The High Court entrusted to Justice Gurnam Singh an enquiry into the complaint. On 1 September, 1972 Rao was transferred to Ambala as District and Sessions Judge. On 5 September, 1972 there was an order posting Rao as District and Sessions Judge, Karnal. On 13 October, 1972 there was a letter from the State Government to the High Court, declining to issue notifications under Sections 20 and 21 of the Punjab Courts Act.

3. On 13 February, 1973 the State Government addressed a letter to the High Court to send its views about the completion of probation by Rao. The High Court on 26 February, 1973 considered the report of Justice Gurnam Singh who came to the conclusion that the charges against Rao were not substantiated. On 6 March, 1973 the Government wrote another letter to the High Court asking for the record of service of Rao and the views of the High Court about the completion of probation by Rao. The Government also asked about the result of the enquiry along with the report. On 10 April, 1973 the High Court replied to the above two letters saying that the matter of confirmation of promotees as well as of Rao a direct recruit was with the High Court and not with the Government.

4. On 19 April, 1973 the High Court promoted Rao as permanent District and Sessions Judge, with effect from 30 March, 1973. The Government on the same day wrote to the High Court saying that the view of the High Court about competency to confirm District and Sessions Judges was legally untenable. The High Court was requested to reconsider the matter and withhold issuance of notification confirming Rao. On 4 May, 1973 the High Court in modification of the earlier notification of 19 April, 1973 confirmed Rao as District and Sessions Judge with effect from 7 July, 1972 on which date he completed the period of probation.

5. On 26 May, 1973 the Government wrote to the High Court stating that the Government did not recognise the order of confirmation issued by the High Court. The Government further said that Rao would be deemed to be under extended period of probation. The Government said that the High Court would be well advised to review their earlier decision and send the requisite record without any further delay. On 1st June, 1973 the Government wrote to the High Court saying that the Government were of opinion that in view of the probationary period of Rao having been found to be unsatisfactory he was not fit to be retained on the post of District Additional District and Sessions Judge and should be reverted to his substantive post of District Attorney. It may be stated here that Rao before he was appointed as Additional District and Sessions Judge was a District Attorney. The Government - further requested the High Court that the matter might be placed before the Judges immediately so that the views of the High Court would be available to the Governor before the High Court went into vacation. On 2-6-1973 the High Court replied that the matter was under consideration of the Judges and their views would be communicated to the State Government early. It may be stated here that the vacation commenced on 2 June, 1973. On 12 June, 1973 the Government wrote to the High Court saying that if the views of the High Court were not received, the State Government would have no alternative but to take a final decision. On 14 June, 1973 the High Court wrote to the Government that reply would be sent after the reopening of the High Court. The High Court reopened on