EKNATH BAYAJI GADKARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Rule.

(2.) The petitioner, who is the Chairman of the Textile Committee constituted by the Ministry of Textile, Udyog Bhavan, New Delhi under the provisions of the Textile Committee Act, 1963 (hereinafter referred to as "the Act"), has approached this court under Article 226 of the Constitution of India praying that Item No. 4A and the action on part of the respondents including it in the agenda of the 100th Meeting of the Textile Committee be struck down and para 50 of the decision taken on Item 20 in its 94th meeting and Item 1 of 95th meeting held on 16th February, 2006 and 27th April, 2007 respectively, being arbitrary, unconstitutional, ultravires and contrary to the provisions of the Act and the Rules framed thereunder be quashed and set aside. The petitioner has also prayed that the Office Order dated 24th March, 2009 issued by the respondents be set aside, and respondent No.2 be directed to withdraw the resolution dated 16th March, 2009.

(3.) The relevant facts are that the petitioner, who is chairman of the respondent No.2 committee, has referred to various provisions of the Act and Textiles Committee Rules, 1965 (hereinafter referred to as "the Rules") to contend that there is bifurcation of powers, functions, duties and authority of various functionaries in the hierarchy of the Textiles Committee. The Textiles Committee is the supreme governing body and the Chairman is responsible for conduct of the business of the Textiles Committee as per the powers vested in him under the Act and the Rules framed thereunder and/or the functions that are assigned or delegated to him by the Textile Committee. The Chairman and Vice Chairman normally act and are vested with such powers to the extent to which the Committee considers it expedient in terms of Ruls 33(1). In terms of Rule 35 of the Rules, the Secretary of the Textile Committee is to work under the general control of the Chairman or in his absence, the Vice Chairman who may grant or delegate the Secretary such powers and duties as may be deemed proper by the Committee. The powers and duties of the Secretary are defined under Article 35(c) of the said Rules. The Committee under Rule 34 is to pass a resolution for the purposes of delegating its powers in terms of Rule 33(1) to the Chairman and the Vice Chairman.