JAGDISH SAHAI, J. : This criminal revision was listed for hearing before Satish Chandra, J. who along with Capoor and Tripathi, JJ., was appointed to be an Additional Judge of this Court in the beginning of October 1963. All of the three made and subscribed to the following oath in the presence of the Chief Justice of the Court on 7-10-1963 :

"I _____, having been appointed Additional Judge of the High Court of Judicature at Allahabad do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully to the best of my ability, knowledge and Judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."

2. The Chief Justice purported to act under a letter of authority, dated August 25, 1963 addressed to him by the Governor of Uttar Pradesh. That letter reads as follows :

"Governor

Uttar Pradesh. Governor's Camp,

Uttar Pradesh, Allahabad

August 25, 1963.

My dear Chief Justice,

Thanks for you