(1) This is an application under section 103 of the Constitution of Jammu and Kashmir for a writ of certiorari to quash the show-cause notice issued by the Government dated 16th August, 1966 proposing to inflict punishment of removal from service from the date the petitioner was placed under suspension and all proceedings initiated by respondent No. 2 by framing charges on 24-2-1966 against the petitioner and for a writ of mandamus directing respondent No. 1 not to put into effect the recommendation of respondent No. 2 and to reinstate the petitioner on the post he held at the time of the suspension by withdrawing the recommendation regarding suspension The petitioner joined Kashmir Civil Service (Judicial) in , the year 1945 and continued in that service upto February 1964 when he was temporarily deputed and appointed Deputy Commissioner, District Magistrate and Custodian Jammu and he took over charge of that office on 17-2-1964 and continued to function as such upto the 17th of April, 1964. After that he was appointed as Registrar of the High Court. While he was working as Registrar of this Court respondent No. 2 framed a charge sheet of corruption against the petitioner on 24th February, 1966 and directed him to appear before it on 24th March, 1966. After the charge sheet was framed against the petitioner he was placed under suspension as required under the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act, 1962. Respondent No. 2 held inquiry and heard arguments on 31st May, 1966. It submitted its report alongwith its recommendation to respondent No 1 in the first week of August, 1966 On receipt of the report and the recommendations respondent No. I issued show-cause notice on 16ih August, 1966 to the petitioner which is as follows : -

"Whereas allegations of corruption existed against you as Custodian Evacuee Property Jammu which connected you with, having obtained pecuniary advantage for M/s Sita Ram & Co., lessee of the evacuee building known as Metro Hotel Jammu by abouse of your official position and without regard to statutory limitations ;

Whereas these allegations were reduced into specific articles of charge and a regular enquiry was held in relation thereto by the Anti-Corruption Commission constituted under the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act, 1962.

Whereas the Commission has held the allegations to be proved and the Governor, after consideration of the findings recorded by the Commission, has come to the provisional conclusion that punishment of removal from service with effect from the date you were placed under suspension be imposed upon you.

Now, therefore, a notice is hereby given to you to show cause within a period of one month from the date of the receipt of this notice as to why the said punishment of removal from service from the date you were placed under suspension be not imposed upon you. A copy of the findings of the Commission excluding the recommendations in regard to punishment is enclosed.

By order of the Governor."

(2) On receipt of this show-cause notice the petitioner filed the present application for quashing the notice and the proceedings initiated against him by respondent No. 2. An application was made by the petitioner that compliance of the show-cause notice be stayed. After hearing the petitioner it was ordered that the show-cause notice be complied with but the respondent No. 1 should not pass final orders during the pendency of the writ petition. The writ petition came up for hearing before a Single Judge of this Court on 22nd Dec. 1966 and the learned Judge observed that as substantial questions of law as to the interpretation of the Constitution and the powers of the High Court Over Judicial Officers were involved in the petition so it should be placed before a larger Bench. The petition was placed for hearing before the Full Bench of this Court on 3rd January, 1967.

(3) Respondent No. 2 did not put in