K SRIRAMAMURTHY Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) Petitioner challenges order Re. No. B3/6811/90 E.Os. Estt. dt. 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 Section 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 Neeiadri Rao, J. in Writ Petition No. 12488/89 dt. 6-7-1990.

(2.) Executive Officer' is defined in Section 2 (13) of the A P. Charita-ble & 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 Section 2 (9) and 2 (2) respectively of the Act. The powers of the 'Commissioner' 'Deputy Commissioner' and 'Assistant Commissioner' are specified in Sections 3, 10 and 11 of the Act. According to Section 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 'such superintendence and control shall include the 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 or exist". Sub-section (2) of Section 8 enables him to exercise powers and functions entrusted to him by or under the Act. Sub-section (4) empowers him to delegate any of the powers conferred on or functions entrusted to the Commissioner by or under the Act, including the powers and functions of an Assistant Commissioner, excepting the powers and functions of the Commissioner in sub-section (I), Sections 6, 15, 49, 51, 66, 90, 92 and 132 in respect of any institutions or endowments or any class or group of institutions or endowments in the State subject to such restrictions and control as the Government may by general or special order lay down and subject also to such limitations and conditions, if any, as may be specified in the order of delegation. Sub-section (5) deals with the power of the Commissioner, to delegate similar powers to the Assistant Commissioner in similar circumstances.

(3.) I find that the entrustment of power under Section 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.