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P.Venkata Konda Reddy, Kurnool ... vs The Deputy Tahsildar, Nandyal, Kurnool ... on 11 March, 2025 cites

Pramod K. Pankaj vs State Of Bihar And Ors on 20 November, 2003

16. In the instant case, as can be seen from the impugned order the learned District Collector had authorized a certain cadre of the officers to conduct inquiry obtaining the information and submit report within only one day. Sections 6-A and 6-B of 'the E.C Act.,' contemplate that the inquiry has to be conducted by the learned District Collector himself; he cannot delegate the power of conducting the inquiry to some subordinate authorities. The maximum „delegatus non potest delegare‟ has to be applied where a statute clearly and strictly directs the learned District Collector to conduct himself an inquiry as contemplated under Section 6-B of 'the E.C Act.,' he cannot further delegate his powers to any of his subordinates. The Hon'ble Apex Court in Pramod K. Pankaj v. State of Bihar5, at para No.16 held that the maxim 'Delegatus non potest delegare‟ is a well-known maxim which means in the 4 1977 B.B.C.J. 151 5 (2004) 3 SCC 723 17 Dr.YLR, J Crl.R.C.No.561 of 2011 and batch Dated 11.03.2025 absence of any power a delegatee cannot sub-delegate its power to another person. The impugned orders do not reflect about issuance of notice as contemplated under Section 6-B of 'the E.C Act.,' which is a repository of the principles of natural justice. Any order which that is passed against the principles of natural justice is hit by Article 21 of the Constitution of India.
Supreme Court of India Cites 8 - Cited by 31 - S B Sinha - Full Document
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