# Court of Punjab and Haryana etc v. State of Haryana (Sub nom Narendra Singh

- **Citation:** [1976] Supp. 1 S.C.R. 603
- **Court:** Supreme Court of India
- **Decided:** 1976-05-07
- **Case number:** Civil Appeal No. 2454 of 1972
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/court-of-punjab-and-haryana-etc-v-state-of-haryana-sub-nom-narendra-singh-7196
- **Pages:** 5

## Headnote

I
•
STATE OF HARYANA
I'.
INDER PRAKASH ANAND H.C.S. & OTHERS
May 7, 1976
fA. N. RAY, C.J., R. S. SARKARIA, P. N. SH!NGHAL AND
-
JASWANT SINGH, JJ.]
603
Constitution of India, 1950, Art. 235-Power to compulsorily retire-Whether
vests in the lligh Court or Governor-Control, nature and scope of.
The respondent was officiating as Additio.nal Distric! & ~ssions. Jud~e. On a
reference to the High Court whether he should be retained m service till the age
of 58 or should be retired at the age of 55, the High Court recommended that
he should be reverted to his substantive post of Senior Subordinatr Judge but
that he should be allowed to continue in that post till the age of 58. The State
Government reverted him but retired him fro.m service at 55 under r. 5.32(c)
Punjab Civil Service Rules. The rule stat~s that a retiring pension is granted
to a Governn1ent servant who is retired by the appointing authority on or after
he attains the age of 55 by giving him 3 months notice. The High Court quashed
the order of retirement.
Dismissing the appeal to this Court,
HELD: ( 1) Article 235 vests in the High Court control over district courts
A
B
c
D
and courts '·subordinate thereto. The control includes both disciplinary and administrative iurisdiction.
Disciplinary control means not merely jurisdiction to
award punishment for misconduct, but also the power to determine wh_ether the
record of a member of the service is satisfactory or not so as to entitle him to
continue in service for the full term till he attains the age of superannuation.
Administrative, judicial and disciplinary control over members of the judicial
E
sevice is vested solely in the High Coll.rt.
Premature retirement' is fil<!.de in the
exercise of administrative and discipJinary jurisdiction. It is administrative be~
cause it is decided in public interest to retire him prematurely and it is discipli~
nary, because, the decision is taken in public interest that he does not deserve to
continue up to the normal age of superannuation. The fixation of the age of
superannuation is the right of the State Government. The curtailment of that
period under rules governing the conditions of service is a matter pertaining to
disciplinary control as well as administrative control. [605G-H; 606H-607C]
State of West Bengal v. Nripendra Nath Bagchi [1966] I S.C.R. 771 and High
Court of Punjab and Haryana etc. v. State of Haryana (Sub nom Narendra Singh
Rao) [1975] 3 S.C.R. 365, followed.
·
(2) The control which is vested in the High Court is complete control subject only to the power of the Governor in the m_atter of appointment, dismissal,
removal or reduction in rank and the initial posting of and initial promotion to
District Judges. The vesting of complete control over the subordinate judiciary
in the High Court, leads to this that if the High Court is of opinion that a particular officer is not fi~ to ~ retained in service, the High Court will communicate
that opinion to the Governor, because, the Governor is the authority to dismiss,
remove or reduce in rank or terminate the appointment. In such cases, the
Governor, as the head of the State, will act in harmony with the recommendation of the High Court as otherwise the consequences will be unfortunate. [605H,
606A·G, H: 607E-F]
F
G
(3) But, compulsory retirement simpliciter does not amount to dismissal or
ren1ova1 or rcdu,tion in rank under Article 311 or under service rules. When a
H
case is not of removal or dismissal or reduction in rank, any order in respect of
exercise of control over the judicial officers is by the High Court and by no other
authority; otherwise, it will affect the independence of the judiciary. [605F-G;
60iC]
A
B
604
SUPREME COURT REPORTS
fl976J SUPPLEMENTARY
Shy?m Lal v. State of Uttar Pradesh [1955] I S.C.R. 26; Da/ip Singh v. State
of Pun1ab [1961] I S.C.R. 88; Tara Si11gh v. State of Rajasthan [1975] 4 S.C.C.
86; B. Venkateswararao Naidu v. Union of India [1973] l S.C.C. 361 and Shamsher Singh cl Anr. v. Sta

## Text

I
•
STATE OF HARYANA
I'.
INDER PRAKASH ANAND H.C.S. & OTHERS
May 7, 1976
fA. N. RAY, C.J., R. S. SARKARIA, P. N. SH!NGHAL AND
-
JASWANT SINGH, JJ.]
603
Constitution of India, 1950, Art. 235-Power to compulsorily retire-Whether
vests in the lligh Court or Governor-Control, nature and scope of.
The respondent was officiating as Additio.nal Distric! & ~ssions. Jud~e. On a
reference to the High Court whether he should be retained m service till the age
of 58 or should be retired at the age of 55, the High Court recommended that
he should be reverted to his substantive post of Senior Subordinatr Judge but
that he should be allowed to continue in that post till the age of 58. The State
Government reverted him but retired him fro.m service at 55 under r. 5.32(c)
Punjab Civil Service Rules. The rule stat~s that a retiring pension is granted
to a Governn1ent servant who is retired by the appointing authority on or after
he attains the age of 55 by giving him 3 months notice. The High Court quashed
the order of retirement.
Dismissing the appeal to this Court,
HELD: ( 1) Article 235 vests in the High Court control over district courts
A
B
c
D
and courts '·subordinate thereto. The control includes both disciplinary and administrative iurisdiction.
Disciplinary control means not merely jurisdiction to
award punishment for misconduct, but also the power to determine wh_ether the
record of a member of the service is satisfactory or not so as to entitle him to
continue in service for the full term till he attains the age of superannuation.
Administrative, judicial and disciplinary control over members of the judicial
E
sevice is vested solely in the High Coll.rt.
Premature retirement' is fil<!.de in the
exercise of administrative and discipJinary jurisdiction. It is administrative be~
cause it is decided in public interest to retire him prematurely and it is discipli~
nary, because, the decision is taken in public interest that he does not deserve to
continue up to the normal age of superannuation. The fixation of the age of
superannuation is the right of the State Government. The curtailment of that
period under rules governing the conditions of service is a matter pertaining to
disciplinary control as well as administrative control. [605G-H; 606H-607C]
State of West Bengal v. Nripendra Nath Bagchi [1966] I S.C.R. 771 and High
Court of Punjab and Haryana etc. v. State of Haryana (Sub nom Narendra Singh
Rao) [1975] 3 S.C.R. 365, followed.
·
(2) The control which is vested in the High Court is complete control subject only to the power of the Governor in the m_atter of appointment, dismissal,
removal or reduction in rank and the initial posting of and initial promotion to
District Judges. The vesting of complete control over the subordinate judiciary
in the High Court, leads to this that if the High Court is of opinion that a particular officer is not fi~ to ~ retained in service, the High Court will communicate
that opinion to the Governor, because, the Governor is the authority to dismiss,
remove or reduce in rank or terminate the appointment. In such cases, the
Governor, as the head of the State, will act in harmony with the recommendation of the High Court as otherwise the consequences will be unfortunate. [605H,
606A·G, H: 607E-F]
F
G
(3) But, compulsory retirement simpliciter does not amount to dismissal or
ren1ova1 or rcdu,tion in rank under Article 311 or under service rules. When a
H
case is not of removal or dismissal or reduction in rank, any order in respect of
exercise of control over the judicial officers is by the High Court and by no other
authority; otherwise, it will affect the independence of the judiciary. [605F-G;
60iC]
A
B
604
SUPREME COURT REPORTS
fl976J SUPPLEMENTARY
Shy?m Lal v. State of Uttar Pradesh [1955] I S.C.R. 26; Da/ip Singh v. State
of Pun1ab [1961] I S.C.R. 88; Tara Si11gh v. State of Rajasthan [1975] 4 S.C.C.
86; B. Venkateswararao Naidu v. Union of India [1973] l S.C.C. 361 and Shamsher Singh cl Anr. v. State of Punjab [1975] I S.C.R. 814, followed :
( 4) It is not co~rect ~o ~~ntend that the Governor and not the High Court
has the power to retire a 1ud1c1al officer compulsorily under s. 14 Punjab- General
Clauses Act.. The suggestion that the High Court reCommends and the State
Gover!1fllent implements the recommendation in the mattei- of cOinpulsorY-i-ffire-
!Ilent 1s to d~stroy the control of the High Court. It is Only the order terminattpg the appointment of a member of the service otherwise than upon his reaching the age of superanouation that will be passed by the State Government on
the recommendation of the High Court. [606C-D, G-H]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2454 of 1972.
C
Fro~ the Judgment and Order dated the 1 Sth December, 1971 of
the Pun)llb and Haryana High Court at Chandigarh in Civil Writ Petition No. 2604 of 1971.
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L. N. Sinha, Solicitor General, Naunit Lal, R. N. Sachthey for the
.appellant.
Anand Swarup, Harbans Singh Marwah for Respondent No. 2.
Ashok Grover; for Respondent No. 1.
The Judgment of the Court was delivered by
RAY, C.J.
This appeal is by certificate from the judgment dated
18 November, 1971 of the Punjab and Haryana High Court.
The respondent joined the Punjab Civil Service, (Executive Branch)
in November, 1954.
He was selected for the Judicial Branch of the
Punjab Civil Service on or about 1 May, 1965. On 15 November,
1968 he was promoted as officiating Additional District and Sessions
Judge.
The respondent was due to attain the age of 55 years on 24
February, 1971.
His case was referred to the High Court for their
recommendation whether the respondent should retire at the age of 55
years or he should be retained in service till the age of 58 years which
is the prescribed age of superannuation under the Punjab Civil Service
Rules.
The High Court was of opinion that the work of the respondent. as
Additional District and Sessions Judge was not satisfactory.
The High
Court was not inclined to recommend the respi5ndent's continuance
in Superior Judicial Service up to the age of 58 years.
The High Court
recommended that the respondent should be reverted to his substantive
post of Senior Subordinate Judge/Chief Judicial Magistrate and that he
might be allowed to cotinue in service till the age of 58 years.
The State Government agreed with the recommendation for reverting the respondent from the post of Additional District and Sessions
Judge to the Senior Subordinate Judge/Chief Judicial Magistrate. With
regard to the retention of the respondent in service up to the age of 58
I
HARYANA v. I. P. ANAND (Ray, CJ.)
605
years the Stiite iigain asked the High Court to c_onsider whether in view
A
of th,e respondent's work ai; Additional District and Sessions Judge;
Hissar, having been found to be unsatisfactory, the respondent should
be retained at all in service beyond the age of 55 years.
The State
Govrmment suggested that it was in public interest to retire the respondent at the age of 55 years.
The High Court did not agree with the
suggestion. By letter dated 16 August, 1971 the High Court reiterated
that the respondent might continue in service up to the age of 58
B:
years. The State Government did not agree with the recommendation
of the High Court and decided to retire the respondent under Rule
5 .32 ( c) of the Punjab Civil Service Rules.
A notice was issued to
the respondent on 20 August, 1971 giving him notice of three months
on the expiry of which he would retire from service.
The respondent filed a writ petition in the High Court impeachin~
the notice dated 20 August 1971. The matter was heard by a Bench
of three learned Judges. The order retiring the respondent from service WM quashed by the majority opinion.
The question is whether the State Government could compulsorily
retire a Senior Subordinate Judge cum Chief Judicial Magistrate under
rule 5.32 (c) of the Punjab Civil Service Rules against the recommendation of the High Court.
This Court in Shyam Lal v. State of Uttar Pradesh(')
held that
compulsory reitrement does not involve stigma or any implication of
mis-behaviour or incapacity.
In Dalip Singh v. State of Punjab(') this
Court held that in order to find out whether an order of compulsory
retirement is or is not by way of punishment, is to find out whether a
charge of imputation against the officer is made the basis of the exercise of power iind second whether the officer is deprived of any benefit
already earned.
In the recent decision in Tara Singh v. State of Rajasthan(') this
Court, held that compulsory retirement is not a punishment because the
officer does not lose the terminal benefits already earned by him.
In
c
E
B. Venk{lfesivararao Naidu v. Union of lndia(') this Court held that
F
;:_
compulsory r.etire!llllnt does, not involve civil consequences.
It, therefore, follows that compulsory retirement simp/iciter does
not amount to dismissal or removal or reduction in rank under Article
..
311 or under the Service Rules. It is in fact com.Pulsory retirement in
accordance with the terms and conditions of service.
The decision~ of this.Court'irt State of West Bengal v. Nripendra
G,
Nath Bagchi(}') and High Court of Punjab ant! Haryana etc. v. State
o/Haryana (S1'b.nom Narendra Singh Rao).(6 )
are that Article
23 5 ve$ in- t~ High Court.• control over District Courts" arid courts
suborpi@te,th!lreto. The·Governor· ·appoints ai!d dismisses' and
removes Judicial Officers.
Control which ]s• vested in tfil)• H~li' Court
~
is complete control subj~t only to the po\\'.ef.p~,the.0<1vernpr. in the
UJ
__
._.:. _____ ._'
. i"
'·
'
.·\
,;
(l)[l955Jf S.C'.R.2•.
(4) [1973} 1S.c.c.361
(2) [19611IS.C.R.88.
(5) [1966] 1 S.C.R. 771.
(3) [197514 S.C.C. 86.
(6) [1975]3 S.C.R. 365.
A
B
c
D
E
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G
H
636
SUPREME COURT REPORTS
[1976] SUPPLEMENTARY
matter of appointment including dismissal, removal, reduction in rank
and the initial posting and of the initial promotion to District Judges.
There is nothing in Article 235 to restrict the control of the High Court
in respect of Judges other than District Judges in any manner.·Article
311 has taken away the power of dismissal or removal or reduction in
rank from the High Court and the Governor has been given that special
power referred to in Article 311 ( 3) .
This Court in Shamsher Singh & Anr. v. State of Pun1ab(')
held
that when a case is not of removal or dismissal or reduction in rank any
order in respect of exercise of control over the Judicial Officers is by
the High Court and no other authority.
There cannot be dual control.
If State Government is. to have the power of deciding whether a Judicial Officer should be retained in service after attaining the age of 55
years up to the age of 58 years that will seriously affect the independence of the judiciary and take away the control vested in the High
Court.
Compulsory retirement is neither suspension nor dismissal nor
removal nor reduction in rank.
It is unsound to contend that the
Governor and not the High Court has the power to retire a Judicial
Officer compulsorily under section 14 of the Punjab General Clauses
Act.
The suggestion that the High Court recommends and the State
Government is to implement the recommendation in the matter of compulsory retirement is to destroy the control of the High Court.
The Punjab Civil Service Rules in Rule 3.26(a) deals with compulsory retirement at the age of 58. Rule S.32(c) deals with retirement at the age of 55.
Two relevant rules in the Punjab Civil Service Rules in the present
case are these.
Rule 3.26(a) states that the date of compulsory retirement of a Government servant other than a Class IV Government
servant is the date on which be attains the age of 58.
Rule 5.32(c)
states that a retiring pension is granted to a Government servant who
is retired by the appointing authority on or after he attains the age of
55 years by giving him not less than three months' notice.
This Court in Bagchi's case (supra) said that control vested in the
High Court is over the conduct and discipline of the members of the
Judicial Service.
Orders passed in disciplinary jurisdiction by the High
Court are subject to an appeal as provided in the conditions of service.
The High Court further deals with members of the judicial service in
accordance with the rules and conditions of service. This Court in
Bagchi's case (supra) said that the word "deal" points to disciplinary
and not merely administrative jurisdiction. The order terminating the
appointment of a member of the service otherwise than upon his reaching the age fixed for superannuation will be passed by the State Government on the recommendation of the High· Court.
This is becanse the
High Court is not the authority for appointing, removing, reducing the
rank or terminating the service.
It is true that the fixation of the age of superannuation is the right
of the State Government.
The curtailment of that period under rule
(I) !19751IS.C.R.814.
I
I
,
,
..
,
HARYANA v. I. P. ANAND (Ray, C.J.)
607
governing the conditions of service is a matter pertaining to disciplinary
A
control as well as administrative control. Disciplinary control means
not merely jurisdiction to award punishment for misconduct.
It also
embraces the power to determine whether the record of a member of
the service is satisfactory or not so as to entitle him to continue in
service for the full term till he attains the age of superannuation. Administrative, judicial and disciplinary control over members of the Judicial Service is vested solely in the High Court: Premature retirement
B
is made in the exercise of administrative and disciplinary jurisdiction.
It is administrative because it is decided in public interest to retire him
pre-maturely. It is disciplinary because the decision was taken that
he does deserve to continue in service up to the normal age of superannuation and that it is in the public interest to do so.
This Court held in State of Assam v. Ranga Mahammad and Ors.(')
C
that the Governor under Article 233 is concerned wiili the appointment,
promotion and posting to the cadre of District Judges but not with the
transfer of District Judges already appointed or promoted and posted
to the cadre.
This Court has held in the Punjab and Haryana case
(supra) that the confirmation of District Judges is to be done by the
High Court because it falls within the control vested in the High Court.
The High Court is acquainted with the capacity of work of the memD
bers of the Service.
In the Punjab & Haryana case
(supra)
this
Court pointed out that if after the appointment of District Judge till
he is confirmed the State is allowed to control the District Judge there
will be dual control.
This is not the meaning of "control" in our
Constitution.
The control vested in the High Court is that if the High Court is
E
of opinion that a particular Judicial Officer is not fit to be retained in
service the High Court will communicate that to the Governor .because ·
the Governor is the authority to dismiss, remove, reduce in rank or
terminate the appointment. In such cases it is the contemplation in
the Constitution that the Governor as the head of the State will act in
harmony with the recommendation of the High Court. If the recommendation of the High Court is not held to be binding on the State
F
consequences will be unfortunate.
It is in public interest that the
State will accept the recommendation of the High Court.
The vesting
of complete control over the Subordinate Judiciary in the High Court
leads to this that the decision of the High Court in matters within its
jurisdiction will bind the State.
"The Government will act on the
recommendation of the High Court.
That is the broad basis of Article
235".
See Shamsher Singh's case (supra) at page 841.
G
. In the present case, the order of the State retiring the respondent
from service after the expiry of three months from the date of the
order 20 August, 1971 has been rightly quashed by the High Court.
The High Court did not make any recommendation to that effect .
. The appeal is, therefore, dismissed' with costs.
V.P.S.
Appeal dismissed.
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(1) (1967) I S.C.R. 454:
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