STATE OF GUJARAT Vs. H.R. TAILOR

JUDGEMENT

(1.) BY this application under Article 227 of the Constitution of India, the petitioner - State of Gujarat, calls in question the legality, validity and propriety of the order dated 27th September, 2004, passed by the Gujarat Civil Services Tribunal, Gandhinagar in the appeal No. 152 of 2002.

(2.) THE facts giving rise to this application may be summarised as under: - -

(3.) ON the other hand this application has been vehemently opposed by Mr. R.C. Kakkad, the learned advocate appearing for the respondent. Mr. Kakkad raised a preliminary objection as regards the maintainability of this application under Article 227 of the Constitution of India. He submitted that the order passed by the Commissioner, Food and Drugs Control Department could be said to have been passed by the State Government itself and when such order is set aside by the Tribunal in appeal, then the State of Gujarat through the Commissioner cannot challenge the same by filing a petition under Article 227 of the Constitution. In short, the contention is that when the legislature did not think it proper to provide for an appeal by the Officer whose order has been set aside in appeal and when the rule making authority also did not think it proper to provide for an appeal by an Officer whose order has been set aside by the appellate authority, then in such circumstances, the Commissioner, whose order has been set aside by the Tribunal in appeal, cannot approach this Court.