VIGILANCE MANUAL VOLUME III - AP Online

310 DECISION - 82
jurisdiction and it is a complete control except in matter of
appointment, posting, promotion and dismissal and
removal of District Judges. High Court alone can
hold an inquiry against a District Judge.
State of West Bengal vs. Nripendra Nath Bagchi,
AIR 1966 SC 447
The respondent was acting as a District and Sessions Judge
and was due to superannuate and retire on 31-7-53. The Government
ordered that he be retained in service for a period of two months
commencing from 1-8-53. By another order, the respondent was
placed under suspension and an enquiry into certain charges followed.
The enquiry continued for a long time and the respondent was retained
in service. A show cause notice was issued, the Public Service
Commission consulted and he was dismissed from service.
The Supreme Court held that rule 75(a) of the West Bengal
Civil Service Regulations is intended to be used to keep in
employment persons with a meritorious record of service, who
although superannuated, can render some more service and whose
retention in service is considered necessary on public grounds. This
meaning is all the more clear when the rule states that a Government
servant is not to be retained after he attains the age of sixty years,
except in very special circumstances. This language hardly suits
retention for purposes of departmental enquiries. The retention of
the respondent in service under rule 75(a) for the purpose of holding
a departmental enquiry was not proper and the extension of service
was illegal.
The Supreme Court also held that the control vested in the
High Court under Art. 235 of Constitution includes disciplinary
jurisdiction and is a complete control subject only to the power of the
Governor in the matter of appointment (including dismissal and
removal) and posting and promotion of District Judges. The High
Court can in the exercise of the control vested in it, hold enquiries,
impose punishment other than dismissal or removal, subject,
however, to the conditions of service, and a right of appeal if granted