STATE OF GUJARAT Vs. RAMESH CHANDRA MASHRUWALA
LAWS(SC)-1977-1-2
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on January 21,1977

STATE OF GUJARAT Appellant
VERSUS
RAMESH CHANDRA MASHRUWALA Respondents

JUDGEMENT

- (1.) RAY, C.J. :- This appeal is by certificate against the judgment and order dated 19/04/1974 of the High Court of Gujarat in Special Civil Application No. 306 of 1973.
(2.) THE question for consideration in this appeal is whether the petitioner before the High Court, who was the Registrar of the Small Causes Court, Ahmedabad was subject to the disciplinary jurisdiction of the High Court. The Registrar was appointed on 12/09/1969 by an order of the Governor of Gujarat. The High Court said that in view of the fact that the High Court is not the appointing authority, the High Court has no disciplinary jurisdiction over the Registrar.
(3.) THE High Court was in error in considering that the question of appointing authority is relevant in regard to the disciplinary jurisdiction of the High Court. Under Article 235 the control over district Courts and Courts sub-ordinate thereto including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court.;


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