1983 Supreme(AP) 355
Andhra Pradesh High Court
Judges : CHENNAKESAVA REDDY, M.JAGANADHA RAO
Sajanam Enterprises - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 10-05-83
The main legal point established is the extent of executive power under Art. 162 and its application to ordering an inquiry into irregularities committed by a State Government Undertaking.
Headnote:
EXECUTIVE POWER - Art. 162 of the Constitution of India - The extent of executive power under Art. 162 and its application to ordering an inquiry into irregularities committed by State Government Undertaking
Fact of the Case:
The case involves a writ appeal regarding the extent of executive power under Art. 162 of the Constitution of India and whether it extends to ordering an inquiry into irregularities committed by a State Government Undertaking.
Finding of the Court:
The court analyzed the events and circumstances leading to the appeal and concluded that the executive power under Art. 162 does extend to ordering an inquiry into irregularities committed by a State Government Undertaking.
Issues: The issues revolved around the extent of executive power under Art. 162 and its application to ordering an inquiry into irregularities committed by a State Government Undertaking.
Ratio Decidendi: The court interpreted Art. 162 and its application to the specific case of ordering an inquiry into irregularities committed by a State Government Undertaking, emphasizing the scope of executive power in such matters.
Final Decision: The court decided in favor of the extension of executive power under Art. 162 to order an inquiry into irregularities committed by a State Government Undertaking.
( 1 ) WHAT is the extent of the frontiers of executive power under Art. 162 of the Constitution of India? Does it extent to order an inquiry into the alleged glaring irregularities committed by Officers of a State Government Undertaking- a Government Company as defined under S. 617 of the Indian Companies Act, 1956, in awarding a contract? Are the two questions that require to be answered in this writ appeal. 2. the events and circumstances that led to the filing of the Writ appeal shortly stated are these: 3. Singareni Collieries Co. , Ltd. , (hereinafter referred to as the Company) is a