There is no reason for interference with the order of the learned Judge. Clearly the Board had not done its duty which is enjoined on it under section 76 of Madras Act II of 1927 in passing the order which was sought to be set aside by the contesting respondents under section 76(2) of the Act. The order was therefore rightly set aside with the observation made by the learned Judge that the Board would consider afresh the application for sanction on its merits. It was contended by learned counsel for the petitioners here that though the Board might not have considered the application on the merits, it was open to the District Court to have considered the materials placed before it and come to a decision on the merits. I do not agree. I agree with Viswanatha Sastri, J., in Parvatavardhanamma v. Subbarao1, that it is for the Board, as a statutory body specially entrusted with the duty of considering an application for sanction under section 76, to first consider the matter and the province of the Court is only to examine that order and see if it is necessary to modify or to cancel it. This Civil Revision Petition is therefore dismissed with the costs of respondents 1 and 2.

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