S.K. MAL LODHA, J.—In these two writ petitions, two Judicial Officers have separately questioned the validity of the separate orders passed against them, by which, the orders exonerating them of all the charges were recalled.

2. The writ petitions were heard together and as common questions are involved it will be convenient to dispose them of by a common judgment.

S.B Civil writ Petition No. 839 of 1979 Jagdish Kumar Sinha versus The State of Rajasthan.

3. The petitioner worked as Munsif & Judicial Magistrate, Banswara during 1977. He was served with Memorandum No Est. B 2 (iii) 3/77/! 477 dated March 1, 1977 along with statement of charges and statement of allegations for the Departmental Enquiry against hirn, for some undesirable temper, which is unbecoming of a Judicial Officer. In pursuance of the aforesaid memorandum, he filed reply and claimed regular hearing during the Departmental Enquiry. During the pendency of the Departmental Enquiry he met the then Chief Justice Shri C. Honniah. The then Chief Justice passed on order exonerating him of all the charges. He has submitted photo stat copy of the letter dated September 21, 1978 marked as Ex. 3 informing him that he has been exonerated of all the charges. Later on, he was served with letter No. Est. B. 2(iii) 3/77/3435 dated May 10, 1979 issued by the Registrar Rajasthan High Court, Jodhpur, by which, he was intimated that the order of exoneration dated September 21, 1978 has been recalled and Mr. Justice K.D. Sharma has been nominated as Disciplinary Authority to complete the enquiry. He has filed the photostat copy of the letter dated May 10, 1979 marked as Ex. 4. The petitioner has preferred this writ petition feeling aggrieved by recalling of the order dated September 21, 1978 exonerating him of all the charges. He has prayed for the issue of a writ of prohibition, restraining the respondents (State of Rajasthan, High Court of Judicature for Rajasthan and Registrar, High Court of Judicature for Rajasthan at Jodhpur) to proceed with the enquiry and to quash the order dated May 10, 1979, by which, the order of exoneration was recalled:

S.B. Civil Writ Petition No. 850 of 1979 Saligram Chouhan versus the State of Rajasthan.

4. The petitioner worked as Additional Munsif and Judicial Magistrate from June, 1974 to May, 1975 and as Munsif & Judicial Magistrate from May, 1975 to June, 1977 at Dholpur. In January, 1978, while posted as Munsif & Judicial Magistrate, he was served with Memorandum No. Est. B.2 (iii) 1/78/226 dated January 10, 1978 along with statement of charges and statement of allegations for Departmental Enquiry against him. The memorandum and statement of charges were relating to the period of his posting at Dholpur both as Additional Munsif and Judicial Magistrate and as Munsif and Judicial Magistrate from June 1974 to June 1977. The charges related to the allegations that his orders/Judgments were motivated with extraneous considerations. In pursuance of the aforesaid memorandum, he filed his reply. Thereafter, late Mr Justice R. L. Gupta was nominated as Disciplinary Authority. After the death of Mr. Justice R.L.Gupta the petitioner met the then Chief Justice Shri C. Honniah The then Chief Justice, after giving a personal hearing to the petitioner, exonerated him of all the charges levelled against him. The order of exoneration was conveyed to the petitioner vide letter No. 10596 dated August 30, 1978 by the Registrar, Rajasthan High Court, Jodhpur. The photostat copy of the letter has been submitted by him marked as Ex. 3 Later on, he was served with letter No. Est. B2 (iii) 1/78/3343 dated May 7, 1979, by which, he was intimated that the order of exoneration dated August 30, 1978 has been recalled and Mr. Justice D.P. Gupta has been nominated as Disciplinary Authority to complete the enquiry. The petitioner has filed this writ petition questioning the validity of the order contained in the letter dated May 7, 1979, recalling the order dated August 30, 1978

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