K P MOHAMMAD ALI HAJI Vs. S RASITHA

JUDGEMENT

(1.) Learned Single Judge of this Court vacated Ext. P10 order passed by the Government in exercise of its revisional powers conferred under clause 71 of the Kerala Rationing Order on the ground that the same was passed by an officer inferior to the officer who has passed the appellate order.

(2.) The question that is posed for consideration before us is whether the petitioner, an unemployed girl, is entitled to be appointed as authorised wholesale distributor of rationed articles in Kozhikode taluk area. District Collector held in favour of the petitioner and the same was taken in appeal before the Commissioner, appellate authority. Appeal was dismissed. Mohammed Ali filed a revision before the Government and the orders of the District Collector and the Civil Supplies Commissioner were reversed and the Government granted wholesale dealership to 7th respondent, Mohammed Haji. Aggrieved by the same, petitioner has approached this Court by filing WP (C) No. 20262 of 2006. Learned Single Judge did not go to the merits of the case, but held that the Government have committed an error in entrusting the revision to a lower level officer compared to that of the Commissioner of Civil Supplies. Learned Single Judge noticed that the Commissioner of Civil Supplies is a senior level officer who had decided the appeal and the revision petition should have been disposed of either by the Chief Secretary or by the Minister concerned and not by an officer inferior to that of the Commissioner of Civil Supplies. Learned Single Judge opined as follows:

(3.) Shri Mohan C. Menon, counsel appearing for the appellant in WA No. 442 of 2007 explained the special features of the revisional order passed by the Government. Reference was made to the heading of the order and emblem of the Government of Kerala and the numbering as G.O. (Rt) 270/06, Further it was pointed out that at the terminal portion it is shown that it has been issued by the order of the Governor. Counsel submitted that the State Government means the Governor and the executive power vested in him is exercised by him directly or indirectly by officers subordinate to him in accordance with the provisions of the Constitution. Referring to Art.166 of the Constitution, counsel submitted that the executive action of the Government of a State shall be expressed to be taken in the name of the Governor and the orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in the rules to be made by the Governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. Counsel also submitted that; the rules of business of the Government of Kerala specifically says that the Minister is primarily responsible and that all orders made by or on behalf of the Government of Kerala shall be expressed to be made in the name of the Governor. Further it is submitted that every Government order shall be signed by the Secretary or the Additional Secretary or the Joint Secretary or the Deputy Secretary or the Under Secretary or such other officer specifically empowered and that it would be deemed to be proper authentication of the order. Learned counsel also submitted that the learned Single Judge failed to note the vital difference between the institutional decision and the individual decision. Counsel also referred to the Rules of Business of the Government of Kerala Part II in support of his contentions.