G. K. MISRA, C. J.

( 1 ) BY order of the Full Court to initiate a proceeding for contempt, the Registrar of the High Court issued the contempt notice dated 3-7-1972 (here-inafter to be referred to as the Notice) to Shri Baradakanta Misra, the alleged contem-ner (hereinafter to be referred to as the contemner) calling upon him to appear in person and to show cause on 3-8-1972 as to why be shall not be punished or any other appropriate order not be passed against him for contempt of the High Court. On 26-7-1972 the contemner filed a petition by way of preliminary reply. On 7-81972 be filed his show-cause application. The contemrer filed Criminal Appeal No. 174/72 before the Supreme Court to quash the notice. Therein he made the State of Orissa a party through its Chief Secretary. The Legal Re-membrancer-cum-the ex-officio Additional Secretary, Law Department, filed an affidavit (Annexure-1)Equivalent Citation: before the Supreme Court on behalf of the State giving detailed history with reference to the averments of the contemner in the memorandum of appeal (Annexure-20 ). The Criminal Appeal was ultimately dismissed by the Supreme Court as withdrawn by Annexure-18 on 21-11-1972. In this Court the State has filed an affidavit on 29-11-72. The contemncr filed a reply thereto on 18-12-72. Originally the case was being heard by a Bench consisting of R. N. Misra and B. K. Ray, JJ. They referred the matter to a larger Bench as important questions of law are involved. This is how the case came before this Full Bench.

( 2 ) FACTS relevant to the notice are narrated hereunder:

(i) The substantive appointment of the contemrer is that of a subordinate Judge. On 2-4-62 he was promoted on trial basis to the rank of Additional District Magistrate (Judicial) which is a post borne in the cadre of the Orissa Superior Judicial Service (Junior Branch ). He was reverted to his substantive post of a Subordinate Judge on 24-1-63 as his work was unsatisfactory, without a disciplinary proceeding being initiated under Article 311 (2) of the Constitution. He challenged the order of reversion in a writ petition which was dismissed by a Bench consisting of Ahmad, C. J. and Barman, J. , in ILR (1966) Cut 503 (Baradakanta Misra v. State of Orissa ). Special Leave Application (Civil)No. 53 of 1967 against that decision was dismissed by the Supreme court on 6-2-67. While working as a Subordinate Judge after reversion he was suspended from service from 15-5-64 to 9-4-67 during the pendency of a disciplinary proceeding against him. The disciplinary proceeding was disposed of with a light punishment on the contemner on sympathetic considerations. Two of his increments were stopped. Against that order the contemner filed an appeal to the State government which sent back the case on the ground that the Public service Commission was not consulted by the High Court before imposing the punishment and that the charge sheet served on him indicating the proposed punishment vitiated the disciplinary proceeding. The order of the State Government was contrary to law. Non-consultation with the Public Service Commission, if consultation was at all necessary, was a mere irregularity and did not vitiate the proceeding. Indication of the nature of the punishment in the charge-sheet does not, by itself, establish any bias (see ILR (1972) Cut 294, Janardan Kar v. State of Orissa ).

(ii) On account of retirement of many District Judges with effect from 18-68, as a result of reduction in the age of retirement on superannuation of Government servants from 58 to 55 years, many vacancies occurred and the contemner was promoted to the rank of a District and Sessions judge in the Orissa Superior Judicial Service (Senior Branch) on trial basis for a period of six months with effect from 31-7-1968 from the post of Additional District Magistrate (Judicial) to which he had been in equivalent Citation: the meanwhile promoted. He was posted as Additional District Judge, ganjam, till 24-11-68