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.