The high courts could not ``pass orders of dismissal, removal, reduction in rank or termination from service while exercising administrative and disciplinary control over the members of judicial service'', a five-judge constitution bench headed by Chief Justice A S Anand said.

The bench held that the Orissa High Court's order compulsorily retiring three judicial magistrates was a bad decision in law.

Taking into consideration various provisions in the Constitution, the bench said, ``The High Court could not itself have passed an order of compulsory retirement, which amounts to termination of service, is borne out from the plain language of the above articles and in particular of Article 235 read with Article 311.''

However, the apex court saidundoubtedly, the High Courts alone were entitled to initiate, to hold inquiry and to take a decision in respect of dismissal, removal, reduction in rank or termination from service of the judicial officers.

``But the formal order to give effect to such decision has to be passed only by the State Governor on the recommendation of the High Court,'' the bench said and added ``The recommendation of the High Court is binding on the State Government/Governor.''