B. K. MISRA VS. CHIEF JUSTICE, ORISSA H. C.

( 1 ) WE propose to give a short account of facts forming the background of the present petition and we have taken these from the Full Bench judgment of this court in Original Criminal Misc. Case No. 8 of 1972 (Registrar, Orissa High Court v. Barada-kanta Misra and Anr.) disposed of on 5-2-1973. Sri Baradakanta Misra, the petitioner herein, is a permanent Subordinate Judge in the State of Orissa. After being superseded on certain occasions, he was promoted to officiate as an additional District Magistrate in the Junior Branch of the Orissa Superior Judicial service, and while so officiating in that post, he was in August, 1968 promoted to officiate in the Senior Branch of the said Service which comprises inter alia the post of Additional District Judge. By June, 1971, he was functioning as Additional district Judge at Cuttack. On 21-6-1971, he heard Money Appeal No. 33 of 1970 and posted it for judgment to the next day. It was alleged that on 22-6-1971 he delivered judgment in that appeal which was duly signed and sealed and the fact was noted in the order sheet, hut that subsequently, on the same day, he scored through his signatures in