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may 1976

Supreme Court of India · 1976-05-06

BARADAKANTA MISHRA vs HIGH COURT OF ORISSA & ANOTHER

Citation / case number
SC 1974/60502
Court
Supreme Court of India
Petitioner
BARADAKANTA MISHRA
Respondent
HIGH COURT OF ORISSA & ANOTHER
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court held that under Article 235, the High Court has disciplinary control over district judges, but the actual imposition of penalties such as reduction in rank or dismissal must be executed by the Governor as the appointing authority, per the Civil Service (Classification, Control and Appeal) Rules, 1962. The Court found the High Court's order reducing the appellant's rank unconstitutional, rendering subsequent dismissal orders void. Consequently, the appellant is deemed to continue as a District Judge, and the Governor's confirmation of the dismissal lacks legal effect due to the initial order's invalidity.

BARADAKANTA MISHRA vs HIGH COURT OF ORISSA & ANOTHER · Niyam