Case: Satyanarain Prasad Vs. State of Bihar

1. Proceedings were started against the appellant a Range Assistant Engineer, for some delinquency in the performance of his duty. A departmental enquiry was held and the enquiry officer submitted his report provisionally holding that the appellant was guilty of the delinquency charged against him. By a notice, dated May 17, 1968, the appellant was called upon to show cause why he should not be removed from service.2. The appellant then moved a petition under Article 226 of the constitution in the High Court of Patna challenging the validity of the notice. The High Court summarily dismissed the petition. An application for a certificate to appeal to this Court was however successful. The High Court granted a certificate under Article 133(1) on the assumption that the value of thein dispute was more than Rs. 20,

Reasoning:
The High Court granted a certificate under Article 133(1) on the assumption that the value of thein dispute was more than Rs. 20,In our judgment the High Court was incompetent to grant the certificate.The High court has not issued a certificate under Article 133(1)(c). No substantial question of law is stated in the order granting certificate to arise out of the petition. In order that a certificate may be issued by the High Court for leave to appeal to this court under clause (a) it is one of the conditions that the value of thein dispute in the court of first instance and still in dispute on appeal in the Supreme Court is not less than Rs. 20,A certificate under clause (b) may be granted if the judgment, decree or final order involves a claim or question relating to property of the like amount or value. A claim in a petition challenging the validity of a notice to show cause why a person in public service shall not be dismissed or removed from service is not capable of valuation and can in no event by regarded an of a value not less than Rs. 20,It appears that counsel appearing on behalf of the State in the High Court conceded that the valuation was not less than Rs. 20, 000/but that concession will not invest the High court with jurisdiction to grant a certificate under clause (a) or clause (b) which the High Court did not possess.5. In the absence of a valid certificate this appeal is incompetent.