DAS, J.

( 1 ) THE two petitioners who are residents within the area of the Rambha Notified area Council have filed this petition under Article 226 of the Constitution of india for issue of a writ of certiorari or any other suitable writ quashing the order of the Government allowing the appeal of the Head Clerk of the Rambha n. A. C. in a disciplinary proceeding against the Head Clerk.

( 2 ) THE petitioners contend that opposite party No. 3 was appointed as Head clerk of the Rambha N. A. C. Several charges were framed against him and after enquiry he was discharged from service. As against the said order opposite party No. 3 preferred appeal as provided under Section 77 of the orissa Municipal Act to the State Government. The State Government allowed the appeal of opposite party No. 3 and directed to reinstate him. During the pendency of the appeal the post of Head Clerk was abolished by the N. A. C. After receipt of the Government order the Executive Officer wanted clarification from the Government and he has been informed that the order of the government is to be complied with. The petitioners challenge the Government order on the ground that the order of reinstatement is illega