Legal Question in Administrative Law in India
A disciplinary authority (Principal Secretary to Government) concluded the Departmental proceeding with major penalty and passed order accordingly stating therein "By order of Governor" whereas file has not been moved to the Hon'ble Governor. The appeal of the appellant was rejected on the ground that "No appeal shall lie against any order made by the Governor".
1. Is rejection of appeal petition legal on this ground restraining him from the lawful provisions of Appeal & Review?
2. Without exhausting provisions of appeal & Review, can the Govt servant file Memorial before the Hon'ble Governor?
Asked on 8/19/23, 12:01 am
1 Answer from Attorneys
It is not advisable to give an opinion on this matter without going through the order of the Governor.
Answered on 9/10/23, 11:25 pm
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