submission in nutshell is that the
executive power by virtue of Article 73 of the Constitution vests
only in the Government ... been submitted that
there is neither any express delegation under Article 77 of the
Constitution to any of the officers of the Government much less
legislation or
as the case may be, a policy-decision under Article 73 of the
Constitution, they would have to be read as they appear ... take
the scheme to the higher pedestal of policy statement under
Article 73 of the Constitution, the scheme itself suggests to
be voluntary
exercise of power conferred by
proviso to Article 309 of the Constitution read with Clause 5 of
Article 148 of the Constitution. According to learned senior ... cannot
even be accorded the status of instructions issued under Article 73
of the Constitution. Mr. Chopra has emphasised that superior
legislation cannot be shelved
73, and argued that unless there are reasons in writing
recorded for the satisfaction of the authority concerned, inquiry
under Article
Sehajdhari Sikh Federation vs Union Of India & Ors on 20 December, 2011
Equivalent citations
Salil Sabhlok vs Union Of India And Others on 17 August, 2011
Author: Hemant Gupta
unsuccessful applicant-petitioner has filed the
instant petition under Article 226 of the Constitution challenging
order dated 13.12.2006 (P-8), passed by the Central Administrative
Tribunal ... sought
quashing of inquiry report dated 31.3.2004 (P-3) being violative of
Articles 14 , 16 and 311 of the Constitution.
2. The applicant-petitioner
post of Line Superintendent. The orders dated 12.7.1977
being order No. 73 promoting defendants 3, 4 and 5 as
well as office order ... arbitrary, illegal, discrimi-
natory and violative of the equality clause contained in
Articles 14 and 16 of the Constitution inasmuch as it pur-
ports
been decided
in favour of the applicant. As per Article 123 of the
Limitation Act, 1963 , application for setting aside the ex
parte decree could ... client came to know about the decree on 28.5.73/31.5.73
when his client obtained the copies of roznamcha and when
he inspected
Mulla construing the word ' appeal' in the third
column of article 182 of the Limitation Act observed:
"There is no definition ... Raja Kulkarni and others v. The
State of Bombay , 1954 SC 73. In Promotho Nath Roy v.
W. A. Lee, 1921 Cal 415,an order
