BRAJNANDAN SINHA Vs. JYOTINARAIN

JUDGEMENT

(1.) This Appeal with certificate under Art. 134(1)(c) of the Constitution arises out of an application under S. 2, Contempt of Courts Act (32 of 1952) and S. 8, Public Servants (Inquiries) Act (37 of 1850) read with Art. 227 of the Constitution filed by the respondent against the appellant in the High Court of Judicature at Patna and raises an important question as to whether the Commissioner appointed under Act 37 of 1850 is a Court.

(2.) The respondent is a Member of the Bihar Civil Service (Executive Branch). The State Government received reports to the effect that the respondent had been guilty of serious misconduct and corrupt practices in the discharge of his official duties while employed as Sub-Divisional Officer at Aurangabad and they accordingly decided that an inquiry into the truth of the various charges against him should be made under the provisions of the Public Servants (Inquiries) Act 1850 (Act 37 of 1850, hereinafter referred to as the Act) and Mr. Anjani Kumar Saran who was the then Additional District and Sessions Judge, Gaya, and was thereafter the District and Sessions Judge of that place was appointed Commissioner under the Act for making the inquiry.

(3.) On 2-2-1953, the respondent filed a petition before the Commissioner stating inter alia' that he had not been able to engage any lawyer or counsel for want of necessary papers and copies and prayed for an adjournment of the inquiry. He also prayed for starting a contempt of Court proceedings against the appellant but the Commissioner rejected both his prayers.