Judgment

SARKARIA, J.:- This judgment will not only dispose of this Appeal (C. A. 2826 of 1977) but also furnish reasons in support of our short order dated August 4, 1978, by which we allowed Civil Appeal No. 278 of 1978.

2. Both these Appeals raise a common question with regard to the interpretation, scope and impact of Article 371-D on Articles 226, 229 and 235 of the Constitution.

3. In Civil Appeal 2826 of 1977, appellant 1 is the Chief Justice and appellant 2 is the High Court of Andhra Pradesh represented by the Registrar of that Court. Respondent 1, Shri L. V. A. Dikshitulu is a former employee of the High Court whose premature retirmeent is in question. Respondents 2 and 3 are the Government, and the Accountant General, respectively, of Andhra Pradesh.

4. Respondent 1 was a permanent employee of the former Hyderabad High Court prior to November 1, 1956. He was confirmed in the post of Chief Superintendent on the establishment of that High Court on October 6, 1956. At the time of his confirmation, he was serving on deputation, with the concurrence of the Chief Justice of the Hyderabad High Court, as Junior Law Officer in the Ministry of Law, Government of India. In March 1965, with the concurrence of the Chief Justice of the High Court of Andhra Pradesh - which was the successor High Court to the Hyderabad High Court - he was appointed as a temporary Deputy Secretary in the Law Department of the Government of Andhra Pradesh.

5. By an order dated February 6, 1968, the State Government replaced his services at the disposal of the Chief Justice. On his reversion from deputation he rejoined the establishment of the High Court as Sub-Assistant Registrar on February 8, 1968.

6. On that very day, the High Court received a complaint petition from one Smt. Promila Reddy, an Assistant Translator in the State Law Department, alleging misconduct on the part of the 1st Respondent relating to the period during which he was working as Deputy Secretary in the State Government.

7. A preliminary inquiry was conducted by the then Registrar Shri M. Ramachandra Raju (later Judge of High Court of Andhra Pradesh) respondent 4 herein. The Registrar submitted his preliminary inquiry report to the then Chief Justice. After considering the report the then Chief Justice suspended the 1st respondent and ordered a departmental inquiry against him by Mr. Justice Chinappa Reddy. After due inquiry, the enquiring Judge found the 1st respondent guilty of misconduct and recommended his suspension from service for three years. The Chief Justice, however, differed with the enquiring Judge, regarding the punishment, and proposed to impose the punishment of compulsory retirement after issue of a show-cause notice to that effect. After considering the representations made by the 1st Respondent, the Chief Justice by an order, dated January 3, 1969, compulsorily retired him from service.

8. The 1st respondent then moved the High Court under Article 226 of the Constitution by a writ petition (No. 1425 of 1969) questioning the order of the State Government replacing his services with the High Court and assailing the penalty of compulsory retirement inflicted upon him by the Chief Justice. The High Court set aside the order of reversion of the first respondent from deputation to the High Court staff on the ground that there was a stigma attached thereto. It also set aside the order of compulsory retirement, not on merits, but on the ground that the recommendation of the enquiring Judge in regard to punishment, viz. stoppage of increments, was not communicated to him (1st respondent). The High Court while allowing the writ petition observed that it will be open to the State Government to take action against him in accordance with the Andhra Pradesh Civil Service (C. C. A.) Rules pertaining to lent officers.

9. After the first respondents writ petition (No. 1425 of 1969) was allowed, the State Government by an order, dated November 10, 1970, reinstated the 1st respondent as