Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

860
2. At the very outset a question was raised as to whether the present application can be entertained
by this Tribunal violating the provision of Section 20 of the Administrative Tribunals Act, 1985. In
Section 20 the hearing is “Applications not to be admitted unless other remedies exhausted”. Then
Section 20(1) indicates that the Tribunal shall not ordinarily admit an application unless it is satisfied
that the applicant had availed of all the remedies available to him under the relevant service rules as to
redressal of grievances.
3. Admittedly the applicant is a State Government employee Class-II. The disciplinary proceeding
started against him was conducted in terms of the provisions of the Orissa Civil Services (Classification,
Control and Appeal) Rules, 1962. Part VI includes the provisions of appeals and in Rule 21 it is
clarified that no appeal shall lie against any order made by the Governor. But Rule 22(2) clarified that
a member of an Orissa Civil Service, Class I, or an Orissa Civil Service, Class-II, against whom an
order imposing any of the penalties specified in rule 13 is made by an authority other than the Governor
may appeal against such order to the Governor. Mr. Sahoo appearing on behalf of the applicant
contended that the order in Annexure-10 is to be treated as an order passed by the Governor inasmuch
as there is an endorsement that it was passed “by order of the Governor”. So be concluded that there
was no remedy available to the present applicant for filling any appeal within the meaning of Rule 21
hereinabove mentioned. So the entire question centres round the point as to whether such an order
issued by any authority with the endorsement “by order of the Governor” is to be treated as an order
of Governor or otherwise.
Orissa PSC
4. Chapter II Part IV of the Constitution of India deals with the Executive. Under Article 154
the executive power of the State shall be vested in the Governor and it is clarified that such power is
to be exercised by him either directly or through officers subordinate to him in accordance with the
Constitution. In the same Chapter conduct of Government business is indicated from Article 166
onwards. It is clarified by Article 166(1) that all executive action of the Government of a State shall be
expressed to be taken in the name of the Governor. In the same Article a provision is also made that
the Governor shall make rules for the more convenient transaction of the business of the Government
of the State and for allocation of the business. Actually on the basis of such power such allocation of
business among the executives has been made and officers of different category are vested with the
power of signing orders with the endorsement “By the order of the Governor”. So looking at the
order with such an endorsement cannot be construed to be an application of mind by the Governor
himself or to be construed as an order passed by the Governor. In fact, the passing of any order, as