Disciplinary jurisdiction over judicial officers and interim suspension pending enquiry were upheld without breaching Article 311.
Retrospective amendment of the Andhra disciplinary rules did not displace the High Court's disciplinary jurisdiction over a subordinate judicial officer, because the later wording and the express retrospective amendment to Rule 4 did not show an intention to alter the existing position. An interim suspension pending final governmental action was also treated as a valid service measure, not an order of dismissal or removal, and therefore did not contravene Article 311. The disciplinary proceedings and suspension were upheld, and the constitutional challenge failed.
Issues: (i) whether the disciplinary proceedings initiated against a subordinate judicial officer ceased to be maintainable before the High Court after the Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, 1953 came into force; (ii) whether the High Court's order placing the officer under suspension pending final action by the Government was void for want of authority or for contravention of Article 311 of the Constitution of India.
Issue (i): whether the disciplinary proceedings initiated against a subordinate judicial officer ceased to be maintainable before the High Court after the Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, 1953 came into force.
Analysis: The Rules were examined in comparison with the earlier Madras Rules. The difference in language did not show any clear intention to alter the existing position regarding judicial officers, and the later amendment to Rule 4 was expressly retrospective from 1 October 1953. In that setting, the objection that the High Court lacked jurisdiction after the new Rules came into force could not survive.
Conclusion: The challenge to the High Court's jurisdiction under the Andhra Rules failed and was rejected against the appellant.
Issue (ii): whether the High Court's order placing the officer under suspension pending final action by the Government was void for want of authority or for contravention of Article 311 of the Constitution of India.
Analysis: The suspension order was only an interim measure pending the Government's final decision on the disciplinary matter. It was not an order of dismissal or removal, and therefore did not infringe Article 311. The High Court was also treated as having authority under the applicable service rules to impose suspension pending enquiry into grave charges.
Conclusion: The suspension order was held valid and within power, and the appellant's constitutional objection failed.
Final Conclusion: The appeal failed on all material grounds and the disciplinary process and interim suspension were upheld.
Ratio Decidendi: A retrospective amendment preserving the exclusion of judicial officers from Tribunal reference, together with an interim suspension pending final governmental action, does not oust the High Court's disciplinary jurisdiction or amount to dismissal or removal within Article 311.
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