SOMBHARTI GURU DAMU BHARTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have, earlier, decided the reference in Writ Petition No. 159 of 1982. In the said reference, the question was confined to validity or otherwise of the action of the State Government to delegate its appellate powers to the Officer on Special Duty, under the provisions of section 2-A of the Hyderabad Abolition of Inams and Cash Grants Act, 1954 (hereinafter referred to as the "said Act" ).

(2.) WE have answered the said reference against the Government holding that the quasi judicial function of the State Government cannot be delegated in this manner. The reason which has weighed us is that the appeal is provided only in respect of decisions taken by Officer of the State, who is authorised to decide upon all or any of six questions set out in sub-section (1) of section 2-A of the said Act. If the decision is taken by the State Government, there is no right of an appeal. On the other hand, if the decision is taken by the Officer so delegated, the appeal is to be heard by the State Government.

(3.) WE had before us two judgments of this Court in direct conflict with each other. The view taken in (Ganesh Kishanrao Deshmukh v. Devisingh Venkat Singh and others), A. I. R. 1972 Bom. 369, was upheld, opposite to view in (Maruti Pandu and others v. Babu Narayan and others), 1983 Mah. L. R. (Bom.) 148. Later case, which was in conflict with the earlier case, was the result of notification issued in pursuance of the provisions of instruction No. 4 of the instructions regarding the business of the Government, issued under Rule 15 of the Rules made under Article 166 of the Constitution of India, more particularly sub-article (3 ).