Munasinghe V. The Auditor General

1961 Present: Tambiah, J.

J. C. W. MUNASINGHE, Petitioner, and THE AUDITOR-GENERAL
 and another, Respondents

S. C. 31-Application for a Writ of Certiorari and for a Writ of
Prohibition under Section 42 of the Courts Ordinance

Certiorari-Executive officer entrusted with quasi-judicial functions-Procedure to be followed by him when it is not specified by statute-Natural justice-Audi alteram partem rule-Town Council Chairman-Surcharge by Auditor-General-Appeal therefrom-Procedure-Town Councils Ordinance, No. 3 of 1946, ss. 195 (1), 196' (1) (2) (3).

By section 196 (3) of the Town Councils Ordinance (as amended by Gazette No. 9,773 of 24th September 1947) :-

"... any person aggrieved may . . . appeal to the Minister, and it shall be lawful for the Minister, upon such appeal, to decide the question at issue according to the merits of the case, and if the Minister finds that any disallowance or surcharge has been lawfully made, but that the subject matter thereof was incurred under such circumstances as to make it fair and equitable that the disallowance or surcharge should be remitted, the Minister may direct that such disallow

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