AIR 1964 MANIPUR 46

Manipur High Court

Hon'ble Judge(s): T. N. R. Tirumalpad , J

(A) Constitution of India , Art.226— Writs against Union of India - Judicial Commissioner's Court of Manipur has no jurisdiction to issue such writs. AIR 1963 Tripura 1 and AIR 1951 SC 532 Rel. on. (Para 3) (B) Constitution of India , Art.226— Order of dismissal passed by Chief Commissioner - Confirmation of order by Union Government in appeal - Former order does not merge in appellate order - Court of judicial Commissioner can issue writ to Chief Commissioner to direct him to cancel order of dismissal and refrain from giving effect to it. Where an order of dismissal from service passed against the petitioner by the Chief Commissioner was merely confirmed by the appellate order passed by the Union Government at Delhi no question of merger of the former order in the appellate order arises and hence, the Judicial Commissioner's Court of Manipur has jurisdiction to quash the Chief Commissioner's order of dismissal and to command him not to put the order into effect.(Para 17) The theory of merger would not apply to orders passed in departmental enquiries. No doubt, where in an appeal, the order of the subordinate tribunal is varied or altered or modified the said order is no longer in force and the grievance....