K.SUBBA RAO
M. Gnanamani – Appellant
Versus
His Excellency, the Governor of Andhra represented by the Chief Secretary to the Government of Andhra at Kurnool and The State of Andhra, represented by the Secretary, Public Works and Transport Department, Kurnool – Respondent
This is an application for issuing a writ of certiorari to quash the orders passed by the Governor of Andhra and the State of Andhra.
The petitioner is a B.E. of the Madras University. He was working in the II Circle as an Assistant Engineer. On 15th January, 1953, an order of Government dated 22nd December, 1952, was served on him imposing the penalty of compulsory retirement. Against that order, he preferred an appeal to the Governor of Madras. After the Andhra State was formed, the papers were transferred to the Governor of Andhra for disposal. When he wrote to the Governor of Andhra for information, he received a reply from the Secretary that his petition was sent to the Secretary to Government, Public Works Department, Andhra, for disposal. Among other grounds he claimed that the action of the Governor in asking the Government to dispose of the appeal was without jurisdiction and reduced the provisions for an appeal to a farce as the very authority which passed the original orders, was asked to dispose of the appeal. He asks for the issue of a writ of certiorari to quash the order of the Governor as well as the Government.
I gave notice to the Advocate-General to argue
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