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E. P. Royappa vs State Of Tamil Nadu & Anr on 23 November, 1973 cites

The State Of Bihar vs Rani Sonabati Kumari on 20 September, 1960

The authenticated order provided in terms clear and explicit that the petitioner was promoted and posted to act as Chief Secretary. The, words "to act", according to plain grammar and language, governed pot only "posted" but also "promoted". The petitioner was both 3 78 promoted and posted" as one single composite event, "to, act" as Chief Secretary and that clearly meant that the promotion was in an acting capacity. But the argument of the petitioner was that the words "to act" were not to be found in the drift order which recorded the original decision of the State Government and they were introduced in the authenticated order by mistake and should therefore be ignored, or in other words, the authenticated order should be read without the words "to act" so as to be in conformity with the draft order. The respondents resisted this attempt to go behind the authenticated order and contended that the authenticated order was the final order and it was not, open to the petitioner to say that it did not correctly reflect the order as made by the State Government. We do not think this contention of the respondents is sound. It is now well settled law that when an order is authenticated, the only challenge that is excluded by the authentication is that it is not an order made by the Governor. The validity of such an order can be questioned on other grounds. [Vide King Emperor v. Shivnath Banerjee(1) and State of Bihar v. Sonabati(2). The authentication does not, therefore, Pre- clude the contention that the order though made by the, Governor suffers from some other infirmity. The, authenticated order is merely an expression of the actual order which precedes it and which is made by the appropriate authority entitled to act on behalf of the State Government.
Supreme Court of India Cites 21 - Cited by 169 - N R Ayyangar - Full Document
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