HIGH COURT OF PUNJAB AND HARYANA Vs. STATE OF HARYANA
LAWS(SC)-1975-1-42
SUPREME COURT OF INDIA
Decided on
January 24,1975
HIGH COURT OF PUNJAB AND HARYANA
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
HIGH COURT CALCUTTA VS. AMAL KUMAR ROY [CONSIDERED AND RELIED UPON]STATE OF WEST BENGAL VS. NRIPENDRA NATH BAGEHI [CONSIDERED AND RELIED UPON]
CHANDRA MOHAN VS. STATE OF UTTAR PRADESH [CONSIDERED AND RELIED UPON]
STATE OF ASSAM VS. RANGA MUHAMMAD [CONSIDERED AND RELIED UPON]
G S NAGMOTI VS. STATE OF MYSORE [CONSIDERED AND RELIED UPON]
CHANDRAMOULESHWAR PRASAD VS. PATNA HIGH COURT [CONSIDERED AND RELIED UPON]
STATE OF ASSAM VS. KUSESWAR SAIKIA [CONSIDERED AND RELIED UPON]
STATE OF ASSAM VS. S N SEN [CONSIDERED AND RELIED UPON]
SAMSHER SINGH ISHWAR CHAND AGARWAL VS. STATE OF PUNJAB [CONSIDERED AND RELIED UPON]
Cited Judgements :-
GAUHATI HIGH COURT VS. STATE OF ASSAM [LAWS(GAU)-1992-4-2] [REFERRED TO]MUNICIPAL COMMISSIONERS OF BARANAGORE VS. PARESH CHANDRA BANERJI [LAWS(CAL)-1975-3-35] [REFERRED]
UNION OF INDIA & ORS VS. R.P. TIWARI [LAWS(DLH)-2017-3-330] [REFERRED TO]
AJIT KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2007-11-27] [REFERRED TO]
VISHNU DATTARAO GITE VS. STATE OF MAHARASHTRA AND ORS [LAWS(BOM)-2016-9-141] [REFERRED]
KERALA CIVIL JUDICAL STAFF ORGANISATION VS. STATE OF KERALA [LAWS(KER)-2020-7-287] [REFERRED TO]
N J MANKAD VS. STATE OF GUJARAT [LAWS(GJH)-1982-12-43] [REFERRED TO]
KHAWJA MOHD QASIM VS. HIGH COURT OF J&K [LAWS(J&K)-2008-9-33] [REFERRED TO]
BEENA TIWARI HIGH COURT OF MADHYA PRADESH VS. STATE OF MADHYA PRADESH:SAMARU DAS BANJARE [LAWS(SC)-1987-12-16] [REVERSED]
STATE OF GUJARAT VS. RAMESH CHANDRA MASHRUWALA [LAWS(SC)-1977-1-2] [RELIED ON]
M M GUPTA STATE OF JAMMU AND KASHMIR VS. STATE OF JAMMU AND KASHMIR:M M GUPTA:STATE OF JAMMU AND KASHMIR [LAWS(SC)-1982-10-13] [RELIED ON]
ISHWAR CHAND JAIN VS. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AND ANR. [LAWS(P&H)-1986-12-24] [REFERRED TO]
HIGH COURT OF JUDICATURE FOR RAJASHTAN VS. P P SINGH [LAWS(SC)-2003-1-113] [REFERRED]
High Court of H.P. VS. Kiran Aggarwal [LAWS(HPH)-2008-6-33] [REFERRED TO]
SUSHIL ARORA VS. GOVERNEMENT OF NCT OF DELHI [LAWS(DLH)-2022-4-250] [REFERRED TO]
MOHD HYDER KHAN SUPERINTENDENT GANDHI HOSPITAL AND PROFESSOR GANDHI MEDICAL COLLEGE HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1983-3-38] [REFERRED TO]
M S ROHILLA VS. HIGH COURT OF DELHI AT NEW DELHI [LAWS(DLH)-2006-5-204] [REFERRED TO]
DR KAVITA KAMBOJ VS. HIGH COURT OF PUNJAB AND HARYANA [LAWS(SC)-2024-2-91] [REFERRED TO]
GAUHATI HIGH COURT THROUGH REGISTRAR GENERAL VS. GOTO ETE AND OTHERS [LAWS(SC)-2018-4-103] [REFERRED TO]
RICHARD VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2006-10-224] [REFERRED TO]
MUKESH RAO VS. HIGH COURT OF PUNJAB AND HARYANA [LAWS(P&H)-2012-12-74] [REFERRED TO]
R PATTABHI RAMAIAH VS. HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-1979-3-48] [REFERRED TO]
M VIJAYA BHASKARA REDDY VS. HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-2001-12-43] [REFERRED TO]
MAHENDER PAL VS. ADMINISTRATOR NCT OF DELHI [LAWS(DLH)-2000-2-147] [RELIED]
DHEERAJ MOR VS. HIGH COURT OF DELHI [LAWS(SC)-2020-2-66] [REFERRED TO]
V. VINCENT VELANKANNI VS. UNION OF INDIA [LAWS(SC)-2024-9-78] [REFERRED TO]
RAM MANDIRI VS. RANGANATHA NAIDU [LAWS(MAD)-1993-11-21] [REFERRED TO]
SYED IQBAL ALI IMAM RAZA VS. STATE OF BIHAR [LAWS(PAT)-1994-5-17] [REFERRED TO]
BARADA KANTA MISHRA VS. HIGH COURT OF ORISSA [LAWS(SC)-1976-5-7] [FOLLOWED]
STATE OF UTTAR PRADESH VS. BATUK DEO PATI TRIPATHI [LAWS(SC)-1978-2-2] [REFERRED TO]
B S YADAV PRITPAL SINGH VS. STATE OF HARYANA:STATE OF PUNJAB [LAWS(SC)-1980-11-21] [RELIED ON]
DEBA KUMAR DAS VS. GAUHATI HIGH COURT [LAWS(GAU)-2007-10-19] [REFERRED TO]
SAMARENDRA MUKHARJEE VS. BIKASH DEB BARMA [LAWS(GAU)-1998-7-20] [REFERRED TO]
GANESH RAM BERMAN VS. HIGH COURT OF CHHATTISGARH [LAWS(CHH)-2022-5-35] [REFERRED TO]
BRIJ MOHAN VS. HIGH COURT JUDICATURE OF ALLAHABAD [LAWS(ALL)-1985-2-25] [REFERRED TO]
VALJIBHAI H PATEL VS. S P SUNDARAM [LAWS(GJH)-1993-1-50] [REFERRED TO]
RAJVI AMAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1979-3-18] [REFERRED TO]
RUDRA PRATAP SINGH VS. STATE OF M P [LAWS(MPH)-1990-2-1] [REFERRED TO]
AMAR SINGH CLERK OF COURT OFFICE OF THE SENIOR SUB-JUDGE AMRITSAR VS. CHIEF JUSTICE PUNJAB AND HARYANA HIGH COURT CHANDIGARH [LAWS(P&H)-1976-2-1] [REFERRED TO]
SHIKHA VS. STATE OF HARYANA [LAWS(P&H)-2023-12-83] [REFERRED TO]
ABDUL RAHIMAN VS. STATE OF KERALA [LAWS(KER)-1984-11-30] [REFERRED TO]
C. SUBBARAJU VS. EXECUTIVE COUNCIL, SRI VENKATESWARA UNIVERSITY AND ANOTHER [LAWS(APH)-1988-11-32] [REFERRED TO]
RADHEY SHYAM SONI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1991-3-27] [REFERRED TO]
DR. S.N. VERMA VS. STATE OF SIKKIM AND OTHERS [LAWS(SIK)-1987-4-1] [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [LAWS(SC)-1977-9-4] [REFERRED TO]
STATE OF KERALA VS. A LAKSHMIKUTTY [LAWS(SC)-1986-11-60] [RELIED ON]
P RAGHAVENDER VS. HIGH COURT OF A P [LAWS(APH)-2006-8-38] [REFERRED TO]
A BALA KAMESWARA RAO VS. GOVT OF A P LEGISLATIVE AFFAIRS AND JUSTICE [LAWS(APH)-2001-9-82] [REFERRED TO]
SAMARU DAS BANJARE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1985-4-18] [REFERRED TO]
CHANDRA PRAKASH CHATURVEDI VS. SECRETERY SETH MOTILAL [LAWS(RAJ)-1992-8-53] [REFERRED TO]
KISHORE CHANDRA PATEL VS. STATE [LAWS(ORI)-1993-7-8] [REFERRED TO]
STATE OF BIHAR VS. MADAN MOHAN PRASAD [LAWS(SC)-1975-12-30] [FOLLOWED]
CHIEF JUSTICE OF ANDHRA PRADESH HIGH COURT OF ANDHRA PRADESH VS. L V A DIXITULU:V V S KRISHNAMURTHY [LAWS(SC)-1978-9-31] [FOLLOWED]
SURAJ BALI KATIYAR DECD VS. STATE OF U P [LAWS(ALL)-1999-11-71] [REFERRED TO]
G.N. NAQASH VS. HIGH COURT OF J. & K. AND OTHERS [LAWS(J&K)-1985-11-12] [REFERRED TO]
B R GULIANI VS. PUNJAB AND HARYANA HIGH COURT [LAWS(P&H)-1975-3-8] [REFERRED TO]
P. S. MALIK VS. HIGH COURT OF DELHI [LAWS(SC)-2019-8-84] [REFERRED TO]
D.R. Rahul VS. High Court of M.P. [LAWS(MPH)-1998-1-48] [REFERRED TO]
STATE OF HARYANA VS. INDER PRAKASH ANAND H C S [LAWS(SC)-1976-5-31] [RELIED ON]
YOGINATH D BAGDE VS. STATE OF MAHARASHTRA [LAWS(SC)-1999-9-164] [RELIED]
HIGH COURT OF JUDICATURE AT MADRAS VS. T S SANKARANARAYANAN [LAWS(MAD)-1996-12-55] [REFERRED TO]
K GANESAN VS. GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS CHIEF SECRETARY [LAWS(MAD)-2018-7-441] [REFERRED TO]
R M GAJJAR VS. STATE OF GUJARAT [LAWS(GJH)-1977-5-4] [REFERRED TO]
R M GAJJAR VS. STATE OF GUJARAT [LAWS(GJH)-1977-5-4] [REFERRED TO]
PRADEEP SINGH JAIN VS. STATE OF UTTAR PRADESH AND OTHERS [LAWS(ALL)-1975-7-55] [REFERRED]
ASHOK KUMAR DUTTA AND ANOTHER VS. ALLAHABAD BANK [LAWS(PAT)-1984-10-13] [REFERRED TO]
REGISTRAR HIGH COURT OF MADRAS REGISTRAR HIGH COURT OF MADRAS VS. R RAJIAH:K RAJESWARAN [LAWS(SC)-1988-5-15] [RELIED ON]
STATE OF BIHAR VS. BAL MUKUND SAH [LAWS(SC)-2000-3-30] [REFERRED]
PRESIDENT OF INDIA VS. SPECIAL COURTS BILL 1978 [LAWS(SC)-1978-12-8] [REFERRED TO]
JUDGEMENT
Ray, C. J. -
(1.)These appeals by certificate raise the question as to whether the confirmation of N. S. Rao was to be made by the Governor or by the High Court.
(2.)Rao was appointed on 23 June, 1970 on probation under Rule 9 of the Punjab Superior Judicial Service Rules 1953. He was appointed as District, Additional District and Sessions Judge. He assumed charge on 7 July, 1970. On 7 July, 1972 he completed two years of probation. On 15 July, 1972 the High Court received a complaint from Manbat Rai Gaba. The High Court entrusted to Justice Gurnam Singh an enquiry into the complaint. On 1 September, 1972 Rao was transferred to Ambala as District and Sessions Judge. On 5 September, 1972 there was an order posting Rao as District and Sessions Judge, Karnal. On 13 October, 1972 there was a letter from the State Government to the High Court, declining to issue notifications under Sections 20 and 21 of the Punjab Courts Act.
(3.)On 13 February, 1973 the State Government addressed a letter to the High Court to send its views about the completion of probation by Rao. The High Court on 26 February, 1973 considered the report of Justice Gurnam Singh who came to the conclusion that the charges against Rao were not substantiated. On 6 March, 1973 the Government wrote another letter to the High Court asking for the record of service of Rao and the views of the High Court about the completion of probation by Rao. The Government also asked about the result of the enquiry along with the report. On 10 April, 1973 the High Court replied to the above two letters saying that the matter of confirmation of promotees as well as of Rao a direct recruit was with the High Court and not with the Government.
(2.)Rao was appointed on 23 June, 1970 on probation under Rule 9 of the Punjab Superior Judicial Service Rules 1953. He was appointed as District, Additional District and Sessions Judge. He assumed charge on 7 July, 1970. On 7 July, 1972 he completed two years of probation. On 15 July, 1972 the High Court received a complaint from Manbat Rai Gaba. The High Court entrusted to Justice Gurnam Singh an enquiry into the complaint. On 1 September, 1972 Rao was transferred to Ambala as District and Sessions Judge. On 5 September, 1972 there was an order posting Rao as District and Sessions Judge, Karnal. On 13 October, 1972 there was a letter from the State Government to the High Court, declining to issue notifications under Sections 20 and 21 of the Punjab Courts Act.
(3.)On 13 February, 1973 the State Government addressed a letter to the High Court to send its views about the completion of probation by Rao. The High Court on 26 February, 1973 considered the report of Justice Gurnam Singh who came to the conclusion that the charges against Rao were not substantiated. On 6 March, 1973 the Government wrote another letter to the High Court asking for the record of service of Rao and the views of the High Court about the completion of probation by Rao. The Government also asked about the result of the enquiry along with the report. On 10 April, 1973 the High Court replied to the above two letters saying that the matter of confirmation of promotees as well as of Rao a direct recruit was with the High Court and not with the Government.
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