Randhir Singh, J. - (1.) This is a petition under Article 226 of the Constitution of India for a writ of certiorari against the Senior Superintendent of Post Offices, Lucknow Division, the Postmaster, G. P. O., Lucknow, and the Director of Postal Services, U. P. Lucknow for the quashing of three orders, one dated 30-4-1955, another dated 12-5-1955 and the third dated 19-10-1955, passed In appeal by the Director of Postal Services.
(2.) It appears that the applicant made a representation to the Minister of Communications against the order dated 19-10-1955 dismissing the appeal of the applicant against the order of dismissal passed by opposite party No. 1. The President of India, however, rejected the representation and the applicant was informed of the decision of the President, by opposite party No. 3, the Director of Postal Services. He has not impleaded the Union of India as a party to this petition but has asked for the quashing of the orders mentioned above on the ground that, the records in which the orders were passed were in the possession of opposite parties 1 to 3.
(3.) A preliminary objection was taken on behalf of the opposite parties on the ground that the present petition was not maintainable in this Court inasmuch as the final order rejecting the representation of the applicant against the order of dismissal had been passed by the President of India which order could not be quashed by this Court inasmuch as the President of India was not within the jurisdiction of this Court. Another preliminary point taken on behalf of the opposite parties is that the order dated 30-4-1955 was a wholly independent order passed in April 1955 and no application for a writ for quashing that order could be instituted in 1957. It was further contended that the orders dated 12-5-1955 and 19-10-1955 had merged in the final orders passed by the President of India.;