V.SIVARAMAN NAIR
K. Sriramamurty – Appellant
Versus
Commissioner of Endowments, A. P. , Hydrabad – Respondent
( 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 and Hindu Religious Institutions and 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 and Hindu Religious Institutions and 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.
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