JUDGMENT

A. N. RAY C.J.I. :— This appeal arises out of the judgment dated 3 December, 1973 of the High Court of Orissa.

2. The appellant filed a writ petition for quashing the order of the High Court dated 8 December, 1972 reducing the appellant in rank and for quashing orders dated 3 December, 1973 passed by the High Court dismissing the appellant from service.

3. The High Court dismissed the petition of the appellant.

4. The questions for consideration are two. First, whether the High Court was competent to reduce the appellant in rank. Second, whether the High Court could pass orders dismissing the appellant from service.

5. The appellant was appointed by the Governor as a Munsiff in the State of Orissa in 1947. He was in course of time promoted to the post of a Subordinate Judge. The appellant was appointed by the Governor on 28 March, 1962 as Additional District Magistrate (Judicial).

6. In 1961 a separate cadre of Additional District Magistrates (Judicial ) was created by the Government. This new cadre was called "Superior Judicial Service Junior Branch." This cadre is not the same as that of District Judges and Additional District Judges who belonged to Superior Judicial Service Senior Branch.

7. The appellant was on 15 January, 1963 reverted from the post of the Additional District Magistrate (Judicial) to the rank of Subordinate Judge The appellant challenged the order of reversion in a writ petition in the High Court of Orissa. The writ petition was dismissed as will appear from the judgment reported in ILR (1966) Cut 503. The appellant made an application for special leave to appeal to this Court being Special Leave Petition (Civil) No. 53 of 1967. The application was rejected.

8. On 5 February, 1968 the High Court appointed the appellant to the post of Additional District Magistrate (Judicial) by promotion. It is said that under Rule 10 of the Orissa Superior Judicial Service Rules, 1963 the High Court is the appointing authority empowered to appoint Additional District Magistrates (Judicial) by promotion from the rank of Subordinate Judge.

9. On 31 July, 1968 the appellant was appointed by the Governor as an Additional District Judge.

10. On 8 December, 1972 the High Court imposed on the appellant the punishment of reduction in rank from the post of Additional District and Sessions Judge to an Additional District Magistrate (Judicial). The order passed by the High Court dated 8 December, 1972 records that in pursuance of the control vested in the High Court under Article 235 of the Constitution in a disciplinary proceeding initiated on charges dated 29 April 1972 against the appellant an officiating member of the Orissa Superior Judicial Service Senior Branch the appellant is reduced in rank with immediate effect and is released from suspension.

11. On 30 March, 1972 the High Court passed an order in exercise of powers under Article 235 to the effect that the appellant was placed under suspension forthwith because a disciplinary proceeding against the appellant was contemplated.

12. On 29 April 1972 charges were served on the appellant. He was asked to submit an explanation. He did not do so. He thereafter asked for inspection of certain documents. A date was appointed but he did not inspect any document. With regard to the enquiry pursuant to the charges delivered to the appellant on 29 April, 1972 the learned Judge of the High Court who was the Enquiring Judge came to the conclusion that one of the charges was established that the appellant after pronouncing judgment on 22 June, 1971 penned through his signatures on the judgment and entered into the order-sheet that it was not delivered. The Enquiring Judge also found the appellant guilty of tampering with the records of the Court. The Enquiring Judge also found the appellant guilty of the charge that though the appellant was ordered by the Court pending enquiry and during his suspension to fix the Headquarters at Cuttack he did not comply with the order.

13. In the backgro