Judgment

RAY, C.J.I. :- This appeal is by certificate against the judgment and order dated 19 April 1974* of the High Court of Gujarat in Special Civil Application No. 306 of 1973.*

* Reported in 1975 Lab IC 578 (Guj).

2. The question for consideration in this appeal is whether the petitioner before the High Court, who was the Registrar of the Small Causes Court, Ahmedabad was subject to the disciplinary jurisdiction of the High Court.

3. The Registrar was appointed on 12 September, 1969 by an order of the Governor of Gujarat.

4. The High Court said that in view of the fact that the High Court is not the appointing authority, the High Court has no disciplinary jurisdiction over the Registrar.

5. The High Court was in error in considering that the question of appointing authority is relevant in regard to the disciplinary jurisdiction of the High Court.

6. Under Article 235 the control over district Courts and Courts sub-ordinate thereto including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court.

7. The expression judicial service is defined in Art. 236 to mean "a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge."

8. These two Arts. 235 and 236 are relevant for the purpose of ascertaining the extent of disciplinary jurisdiction of the High Court. The Registrar of the Court of Small Causes is a person holding a civil judicial post inferior to the post of district judge and is in judicial service.

9. Reference to the Presidency Small Cause Courts Act, 1882 is necessary to find out the powers, position and duties of the Registrar of the Small Causes Court. S. 13 of the Act states: "There shall be appointed an officer to be called the Registrar of the Court who shall be chief ministerial Officer of the Court."

10. The other provisions in the Act which deal with the powers of the Registrar are to be found in Ss. 9 (1) (aa), 14, 33, 34, 35 & 36, which read as follows :

"9 (1) (aa) - The High Court may, from time to time, by rules having the force of law, - empower the Registrar to hear and dispose of undefended suits and interlocutory applications or matters.

14 - The Provincial Government may invest the Registrar with the powers of a Judge under this Act for the trial of suits in which the amount or value of the subject-matter does not exceed twenty rupees. And subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit, transfer from his own file to the file of the Registrar any suit which the latter is competent to try.

33 - Any non-judicial or quasi-judicial act which the Code of Civil Procedure as applied by this Act required to be done by a Judge, and any act which may be done by a Commr. appointed to examine and adjust accounts under S. 394 of that Code as so applied, may be done by the Registrar of the Small Cause Court or by such other officer of that Court as that Court may, from time to time, appoint in this behalf.

34 - The suits cognizable by the Registrar under S. 14 shall be heard and determined by him in like manner in all respect as a Judge of the Court might hear and determine the same.

35 - The Registrar may receive applications for the execution of decrees of any value passed by the Court, and may commit and discharge judgment-debtors, and make any order in respect thereof which a Judge of the Court might make under this Act.

36 - Every decree and order made by the Registrar in any suit or proceeding shall be subject to the same provisions in regard to new trial as if made by a Judge of the Court."

11. These provisions of the Act indicate in no uncertain manner that the Registrar of a Small causes Court exercises judicial powers, hears suits, passes decrees and an appeal is preferred from a decree of the Registrar.

12. Counsel for the