Case Note & Summary
The petitioner, Sau. Anjali Satish Shinde, filed a writ petition challenging an order of the Divisional Commissioner dated 18/11/2021. The petitioner had applied under Section 16(1)(i) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 seeking disqualification of respondent No.3, Sau. Parbati Gunwant Kalbande, a member of Zilla Parishad, Nagpur, on the ground that she had direct or indirect interest in works carried out by the Panchayat. The Divisional Commissioner, instead of deciding the application himself, directed the Chief Executive Officer of Zilla Parishad to conduct an enquiry and submit a report. The CEO further delegated this to the Block Development Officer, who submitted a report without notice to the petitioner. The petitioner argued that Section 40 of the Act does not empower the Divisional Commissioner to delegate the enquiry to a subordinate officer. The respondents contended that the report was only a fact-finding exercise. The court held that the Divisional Commissioner has no power under Section 40 to delegate the enquiry to a subordinate officer and that such delegation violates principles of natural justice as the petitioner was not heard. The court quashed the order dated 18/11/2021 and directed the Divisional Commissioner to decide the application afresh after hearing the parties within three months.
Headnote
A) Delegation of Powers - Section 40 of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 - Power to decide disqualification application - The Divisional Commissioner has no authority under Section 40 to delegate the power to conduct an enquiry to a subordinate officer. The Commissioner must decide the application himself and cannot direct a subordinate to conduct a fact-finding enquiry behind the back of the applicant. Held that such delegation is without jurisdiction and violates principles of natural justice (Paras 2-8).
Issue of Consideration
Whether the Divisional Commissioner has the authority under Section 40 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 to delegate the power to conduct an enquiry to a subordinate officer and whether such delegation violates principles of natural justice.
Final Decision
The court allowed the writ petition, quashed the order dated 18/11/2021 passed by the Divisional Commissioner, and directed the Divisional Commissioner to decide the application filed by the petitioner under Section 16(1)(i) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 afresh after hearing the parties within three months from the date of the order.
Law Points
- Delegation of powers
- Section 40
- Maharashtra Zilla Parishad and Panchayat Samitis Act
- 1961
- Fact-finding enquiry
- Natural justice
Case Details
2024 LawText (BOM) (03) 167
Writ Petition No. 6394 of 2022
Mr. S.S. Ghate for petitioner; Mr. V.D. Raut for Respondent Nos.1 and 2
Sau. Anjali W/o Satish Shinde
Zilla Parishad, Nagpur through its Chief Executive Officer; Block Development Officer / Enquiry Officer, Panchayat Samiti, Narkhed; Sau. Parbati W/o Gunwant Kalbande
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Nature of Litigation
Writ petition challenging the order of the Divisional Commissioner delegating enquiry to a subordinate officer under Section 40 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961.
Remedy Sought
Petitioner sought quashing of the Divisional Commissioner's order dated 18/11/2021 and direction to decide the disqualification application afresh.
Filing Reason
The Divisional Commissioner delegated the enquiry to the Chief Executive Officer and Block Development Officer instead of deciding the application himself, and the petitioner was not heard.
Previous Decisions
The Divisional Commissioner passed an order on 18/11/2021 directing the Chief Executive Officer to conduct an enquiry and submit a report. The CEO further delegated to the Block Development Officer, who submitted a report dated Nil with covering letter dated 07/01/2022.
Issues
Whether the Divisional Commissioner has the authority under Section 40 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 to delegate the power to conduct an enquiry to a subordinate officer.
Whether such delegation violates principles of natural justice.
Submissions/Arguments
Petitioner: The Divisional Commissioner has no power under Section 40 to delegate the enquiry to a subordinate officer; the delegation was behind the back of the petitioner, violating natural justice.
Respondents: The reports were called only as fact-finding reports and the application was decided after receiving them.
Ratio Decidendi
The Divisional Commissioner has no power under Section 40 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 to delegate the enquiry to a subordinate officer. Such delegation is without jurisdiction and violates principles of natural justice as the applicant is not heard.
Judgment Excerpts
The challenge in the present petition is the order passed by the Divisional Commissioner, thereby rejecting the application filed by the petitioner under Section 16(1)(i) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961.
The Divisional Commissioner has no authority to direct any subordinate Officer to conduct the fact finding enquiry and that too in absence of the petitioner.
There is no power under Section 40 of the said Act with the Divisional Commissioner to delegate his powers to conduct an enquiry and call for such reports and that too behind the back of the petitioner.
Procedural History
The petitioner filed an application under Section 16(1)(i) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 seeking disqualification of respondent No.3. The Divisional Commissioner, by order dated 18/11/2021, directed the Chief Executive Officer of Zilla Parishad to conduct an enquiry and submit a report. The CEO further directed the Block Development Officer to conduct the enquiry. The Block Development Officer submitted a report dated Nil with covering letter dated 07/01/2022. The petitioner then filed the present writ petition challenging the order dated 18/11/2021.
Acts & Sections
- Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961: Section 16(1)(i), Section 40
