SRIRAMAMURTHY Vs. COMMISSIONER OF ENDOWMENTS HYDERABAD

JUDGEMENT

(1.) Petitioner challenges the orders Re. No. B3/6811/90 E.Os. Estt. dated 28-6-1990 of the Deputy Commissioner of Endowments, Guntur, whereby a clerk in the services of the Devasthanam was appointed by promotion as executive Officer.. The main ground urged by the petitioner is that the power to appoint Executive Officers of Charitable and Hindu Religious Institutions and Endowments can be exercised only by the State Government under S. 29 of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987. He submits that the State Government is not competent to delegate its power to the Commissioner or any of its subordinates. Reliance is placed on the decision of my learned brother Neeladri Rao, J. in Writ Petition No. 12488/89 dated 6-7-1990.

(2.) 'Executive Officer' is defined in S. 2(13) of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987, hereinafter referred to as the 'Act' as 'an officer appointed as such under any of the provisions of this Act'. Section 2(6) defines 'Commissioner "Deputy Commissioner' and 'Assistant Commissioner' are defined in S. 2(9) and 2(2) respectively of the Act. The powers of the. 'Commissioner', 'Deputy Commissioner' and 'Assistant Commissioner' are specified in Ss. 8, 10 and 11 of the Act. According to S. 8 of the Act, the administration of all charitable and Hindu religious institutions and Endowments shall be under the general superintendence and control of the Commissioner and

(3.) I find that the entrustment of power under S. 8 to the Commissioner to administer all charitable and Hindu Religious Institutions and Endowments and the specific power 'to pass any order which may be deemed necessary to ensure that such institutions, and endowments are properly administered and their income is duly appropriated for the purposes for which they were found to exist' is wide enough to take in the power of appointment of Executive Officers of temples.