VIGILANCE MANUAL VOLUME III - AP Online

410 DECISION - 162
ground that they were illegally discriminated against by the
respondents inasmuch as they were confirmed and then not promoted
when they ought to have been.
The Supreme Court observed, in passing, that when a citizen
aggrieved by the action of a Government Department has approached
the court and obtained a declaration of law in his favour, others, in like
circumstances, should be able to rely on the sense of responsibility of the
Department concerned and to expect that they will be given the benefit of
this declaration without the need to take their grievances to court.
(162)
Appeal — disposal by President
Disposal of appeal by President acting on the advice
of the Minister is neither improper nor illegal.
Union of India vs. Sripati Ranjan Biswas,
AIR 1975 SC 1755
The respondent was a confirmed Appriser with about 11 years
service in the Customs Department in Class II of G.Os. He was
suspended and proceeded against on charges of acceptance of illegal
gratification and possession of disproportionate assets and was found
guilty in the departmental inquiry. The disciplinary authority passed
orders dismissing him from service after which he preferred an appeal
to the President. The Minister incharge of the Department gave him
a personal hearing. After considering the appeal petition, orders
rejecting his appeal were communicated to him. To the memo
communicating the decision that his appeal had been rejected was
enclosed a copy of the order passed by the Minister on behalf of the
President. The respondent challenged the order in the High Court
and it was held by the High Court that the powers and duties which
the President is required to exercise as the appellate authority under
the Central Civil Services (CCA) Rules are not constitutional duties