ANDALEEB SEHGAL Vs. UOI

JUDGEMENT

(1.) Three precise questions fall for consideration in this writ petition. These are :

(2.) Having heard Mr.Sawhney, learned counsel for the petitioner and Mr.P.P. Malhotra, learned Additional Solicitor General, we are of the opinion that the first of the three questions formulated above is concluded by two division bench decisions of this Court in P.R. Nayak versus UOI and Ors. ILR 1973 (1) Delhi 747 and Brahma Nand Gupta versus Delhi Administration and Ors. 41 (1990) DLT 212. In Nayak's case also the Government had by a resolution appointed a commission of inquiry to inquire into certain definite matters of public importance. By another notification issued u/s 11 of the Commission of Inquiry Act, certain provisions of the said Act were made applicable to the said commission. The question that arose for consideration was whether an inquiry commission could be appointed by the Government in exercise of the executive power vested in it. Answering the question in the affirmative, the Court observed :

(3.) The very same question then arose for consideration in Brahma Nand Gupta's case supra. Repelling the contention that a Commission of Inquiry was impermissible de-hors the provisions of the Act, the Court held :