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A. N. RAY, G. K. MITTER, M. HIDAYATULLAH, P. JAGANMOHAN REDDY, S. M. SIKRI
Chandramouleshwar Prasad – Appellant
Versus
Patna High Court – Respondent
Judgment
MITTER, J.: By this petition under Article 32 of the Constitution the petitioner, at present an Additional District and Sessions Judge in the State of Bihar, challenges the validity of (1) the order of the Patna High Court by Notification No. 333 dated 25th October, 1968 transferring him from Arrah and posting him as Additional District and Sessions Judge at Singhbhum, and (2) the direction or, as he calls it, the order of the Patna High Court dated September 23, 1968 declaring respondents 3 to 5 as senior to him in the gradation list of Additional District and Sessions Judges maintained by the High Court. He also prays that the High Court be directed to allow him to take over charge as officiating District and Sessions Judge at Arrah in terms of Government notification dated October 17, 1968. According to him the direction or order of September 23, 1968 was in contravention of R. 16 (b) and R. 16 (d) of the Bihar Superior Judicial Service Rules, He takes his stand on the notification of the Government of Bihar dated October 17, 1968 purporting to appoint him temporarily as officiating District and Sessions Judge of Arrah and contends that the order of the High Court dated
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