P.B.Mukharji, J. - (1.) We are unanimous that the Rule in this case must be made absolute.
(2.) Who controls the subordinate judiciary in the State and who in particular exercises disciplinary control over members of the Subordinate Courts of the States under the Constitution of India and what principles govern the procedure of disciplinary Tribunals are the important questions raised for determination on this Reference by the Chief Justice.
(3.) The petitioner Shri Nripendra Nath Bagchi, a senior member of the West Bengal Judicial Service officiating in the Higher Judicial Service and an Additional District Judge, at the fag end of his career of service extending over a quarter of a century and when about to reach 55 years, the age of compulsory retirement under his conditions of service, was served with a notice to appear before a Disciplinary Tribunal and on its findings was dismissed from service by an order of the State Government dated 25th May, 1954 after a departmental enquiry.;