STATE OF M.P. Vs. ARVIND SHARMA

JUDGEMENT

(1.) HEARD . This review petition has been filed by the petitioner for review of the order dt. 30.10.2013 passed in W.A. No. 244/2013.

(2.) LEARNED Single Judge quashed the externment proceeding passed against the respondent under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter referred as 'the Adhiniyam') on the ground that the Additional District Magistrate, who passed the order, had no power and authority to pass the order. We have dismissed the Writ Appeal.

(3.) WE have relied on the judgment passed by the constitution bench of the Hon'ble Supreme Court in Ajaib Singh Vs. Gurbachan Singh, reported in : AIR 1965 SC 1619, wherein the Hon'ble Supreme Court has considered the provisions of Section 3(2) and Section 40(2) of the Defence of India Act 1962. In that rule also there was a provision that the Government can delegate its power to any officer or authority subordinate to it. Hon'ble Supreme Court has interpreted that rule and held that the power of delegation, however, must be read harmoniously with Section 3(2)(15) and therefore under Section 40(2) of the Adhiniyam, the Government can not delegate its power to detain to any officer below the rank of District Magistrate.