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1976 Supreme(SC) 224

JASWANT SINGH, M. H. BEG, A. N. RAY
Baradakanta Mishra – Appellant
Versus
High Court Of Orissa – Respondent


Advocates:
B.PARTHASARTHY, C.S.S.RAO, GOBIND DAS, PURSHOTTAM CHATTERJI, Sachin Chandra Chawdhury, Vinod Bhagat

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





























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