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1990 DIGILAW 376 (RAJ)

Rajasthan High Court v. Chhagan Lal

1990-07-26

M.C.JAIN, N.K.JAIN

body1990
JUDGMENT 1. - This petition is directed against the order of the Rajasthan Civil Services Appellate Tribunal Jaipur dated 23.3.1979 (Ex. 2) Whereby the Tribunal accepted the appeal of Chhaganlal filed against the District & Sessions Judge Sri Ganganagar. Chhaganlal was Assistant Nazir in the Court of Munsif Magistrate Karanpur. He was reverted to the post of Lower Division Clerk by order dated 8.7.78 by the District Judge Sri Ganganagar. The Tribunal allowed the appeal and quashed the order of reversion. It was further directed that Chhaganlal shall be deemed to have continued on his higher post till any of the persons are retained as U.D.C. in the ordinary course. The order of the Tribunal is challenged inter alia on the ground that the Tribunal has no jurisdiction to hear any appeal in connection with the staff of the Subordinate Court as the Subordinate Court's staff would be under the control of the High Court. Control over the Subordinate Courts including their staff is vested in the High Court under Article 235 of the Constitution of India. This law is well settled. Reference be made to Division Bench decision of this Court in Writ Petition No. 369/78 decided on 10.5.79. The impugned order of the Tribunal therefore deserves to be set aside on the ground that it is without justification. 2. Learned counsel for the respondent however urged that the respondent has already been promoted then by setting aside the order his promotion may not be affected. 3. This writ petition is therefore allowed and the impugned order of the Tribunal is set aside. However the promotion if any given to the respondent would not in any way affect him on account of setting aside the order of the Tribunal.Petition allowed. *******