FAZLE RUB JALALUDDIN KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has raised his grievance by challenging the impugned order dated 27.7.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 1132 of 2002. The Original Application was filed by the petitioner before the Tribunal challenging the disciplinary order of his borrowing department in not relieving him for accepting his ad hoc promotion in the parent department. It: was alleged that he was detained in the borrowing department despite receipt of his ad hoc promotion in order to be punished through a disciplinary process. The Original Application was dismissed by the Tribunal on the ground that the petitioner had not made any appeal against the order of the Disciplinary Authority. The contention of the petitioner before the Tribunal was that since the impugned order was passed by the orders of the Governor, there would be no appeal against such orders under the O.C.S. (C.C. and A) Rules. 1962.

(2.) THE Tribunal disposed of the Original Application with the direction that clarification should be obtained from the General Administration Department explaining as to whether an appeal lies against an order which has been passed in the name of the Governor and only thereafter the petitioner may file a fresh Original Application.

(3.) BESIDES the above, Sub -rule (2) of Rule 22 of the O.C.S. (C.C. and A.) Rules, 1962 provides that a member of Orissa Civil Services, Class -I or Orissa Civil Services, Class -II against whom an order imposing any of the penalties specified in Rule 13 is made by an authority other than the Governor may appeal against such order to the Governor. It is implied from the perusal of that provision that no appeal lies against order of the Governor even if the order is passed by any subordinate officer to the Governor where an order has been expressed to be taken in the name of the Governor.