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 cha