VIGILANCE MANUAL VOLUME III - AP Online

800 DECISION - 412
prejudiced his case. Equally, it is the duty of the Tribunal to record a
finding whether any relevant documents were not supplied and
whether such non-supply has prejudiced the defendant’s case. Since
this has not been done by the Tribunal, it has to go back for a
rehearing.
(412)
Judicial Service — disciplinary control
Article 235 of the Constitution of India vests the
control over District Courts and the Courts
subordinate thereto, including disciplinary control in
the High Court.
T. Lakshmi Narashima Chari vs. High Court of A.P.,
1996 (4) SLR SC 1
Both the Judicial Officers T. Lakshmi Narasimha Chari and
K. David Wilson, were directly recruited District Munsiffs in the Andhra
Pradesh State Judicial Service and were appointed by the Governor.
Disciplinary Proceedings were held against them for certain acts of
misconduct and they were removed from service by the High Court.
They challenged the orders of removal before the High Court of
Andhra Pradesh on the ground that the Governor alone was
competent to impose the penalty of removal and not the High Court.
The full Bench of the High Court dismissed their writ petitions on the
following grounds :
(1) Article 235 of the constitution of India vests the
control over District Courts and the courts
subordinate thereto, in the High Court. The control
includes the disciplinary control over the conduct
and discipline of the members of the subordinate
judiciary.
(2)In the State of Andhra Pradesh except for the
posts of District Judge filled by direct recruitment or