Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rules and Orders of the Punjab High Court Vol. I Chapter 18-A Rules IX and X |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rules and Orders of the Punjab High Court Vol. I, Chapter 18-A, Rules IX and X: Dismissal of ministerial staff of subordinate courts by District Judge-Service appeal disposed of by High Court-Whether judicial decision. Constitution of India, Articles 136 and 235: Removal from service of ministerial staff by District Judge-Service appeal dismissed by High Court-Decision whether judicial or administrative-Whether assailable in petition for special leave. Sub-section (2) of Section 35 of the Punjab Courts Act, 1918 confers power of appointment of ministerial officers of all courts controlled by a District Court and their suspension and removal on the District Court. Sub-section (3) makes every appointment subject to such rules as the High Court may prescribe in this behalf, while sub-section (4) ; makes orders passed by the District Judge subject to the control of the High Court. Chapter 18-A of the High Court Rules and Orders framed under Section 35(3) controls the appointments, promotion and punishment of ministerial officials in the District and other civil courts, other than the High Court. Sub-rule 2(a) of Rule IX in that Chapter enables the District Judge to inflict any of the penalties mentioned in sub-rule (1): censure, fine, recovery of any pecuniary loss, withholding of increments or promotions, suspension, removal and dismissal of the ministerial officers of his own court or any court subordinate to him other than the Court of Small Causes. Sub-rule (2) of Rule X provides for appeals to the High Court against penalties. Sub-rule (3) requires the persons appealing to the High Court to do so by a petition to the District Judge, who shall forward the same to the Registrar of the High Court with remarks that he may wish to make. After reading the petition the High Court may either (a) summarily reject it without hearing the petitioner; (b) refer it to the District Judge for report and on receipt of such report reject the petition without hearing; or (c) hear the petitioner, and where other persons are held to be concerned such other person in open court. Sub-rule (4) forbids the petitioners to attend personally at the High Court unless summoned and provides for communication to them of orders on their petitions through the District Judge.The appellants, who were the employees in the ministerial establishment of the courts at Ferozepur and Zlra, were alleged to have taken a prominent part in raising objectionable slogans against the Judicial Magistrate and the District Judge, in a demonstration organised by the subordinate court officials, to protest against the slapping of a subordinate by the Judicial Magistrate, Zira. They were charge-sheeted for their misconduct. After enquiry it was found that they contravened Rule 7(1) of the Government Employees (Conduct) Rules, 1966 by acting prejudicially to the public order, decency and morality and were dismissed from service by the District judge in his capacity as the punishing authority. The appellants preferred a service appeal before the High Court which was dismissed. While granting the special leave on 2nd April, 1982 this Court made the following order: "Appeal will be heard ....... on the preliminary issue as to whether the High Court in disposal of appeal was acting in administrative capacity under Art. 235 or as a Tribunal or as a High Court and the circumstances in which the appeal was maintained, if so." It was contended on behalf of the appellants that the decision of the High Court in this case was the judicial decision of a tribunal which could be examined by this Court under Article 136 of the Constitution. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 111 |
Petitioner | Dev Singh & Ors. |
Respondent | Registrar, Punjab & Haryana High Court & Ors. |
SCR | [1987] 2 S.C.R. 1005 |
Judgement Date | 1987-04-15 |
Case Number | 1278 |
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