- (1.) THE two references and the application under Article 226 of the Constitution were all heard together, and will be dealt with in one judgment.
(2.) THE opposite party in the two civil references, Sri G. V. Ramamurty Patnaik is a pleader (hereinafter referred to as the Pleader) practising at Gunupur in Koraput district. The criminal work of that place is in charge of the Stationary Sub-Magistrate who, as the ex-officio Munsif, is also empowered to dispose of uncontested Civil matters and to keep contested civil matters ready for hearing by the District Munsif of Jeypore whenever the latter goes to Gunupur on circuit.
(3.) IN 1955-56 one Sri P. Pani was the Stationary Sub-Magistrate cum-ex-officio munsif of Gunupur. Sri Ramamurty Patnaik and Sri Pani were not pulling on well for several reasons which need not be mentioned here. It appears that as early as 1954 the Pleader cent a petition to the then District Magistrate of Koraput, Sri kartar Singh, making allegations of dishonesty against Sri Pani. An enquiry was made by Sri Kartar Singh sometime in 1954 and he found no substance in the allegations. Early in 1955 the District Munsif of Jeypore drew up M. J. C. 8 of 1955, calling upon the Pleader to show cause why action may not be taken against him under the Legal Practitioners Act for certain irregularities committed by him in execution Petition No. 15 of 1955. The Pleader filed a lengthy reply on 1-7-1955. On 7-9-1956 he sent a representation to the District and Sessions Judge of jeypore by registered post making several allegations against the ex-officio Munsif of Gunupur and also against some members of the clerical staff attached to his office. His ultimate prayer in that representation was for personal enquiry by the district and Sessions Judge and punishment of the clerical staff concerned and also for their transfer from that place. The learned District Judge sent the representation to the Munsif concerned for a report and the Munsif sought the permission of the District Judge to draw up proceedings under the Legal practitioners Act, against the Pleader for having made reckless allegations against him. Permission was in due course granted and the ex-officio Munsif drew up two separate proceedings under the Legal Practitioners Act in respect of the allegations contained in the representation made to the District Judge.;