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2009 Supreme(Bom) 1638

A.H.JOSHI, A.R.JOSHI
Mohd. Izaz Abdul Rafique – Appellant
Versus
Additional Commissioner – Respondent


Advocates appeared:
For the Appellants:J.B. Kasat, Advocate. For the Respondents: R1 to R3 & R6, D.B. Yengal, Asstt. Govt. Pleader.

Judgment :

Oral Judgment: [A.H. Joshi, J.]

1. In view that the pleadings are complete, appeals are taken up for hearing.

2. Heard learned Adv. Mr. J.B. Kasat for the appellants and learned Asstt. Govt. Pleader for respondents concerned. Perused the record.

3. Orders challenged in these appeals are passed by learned Single Judge in various

Writ Petitions. The question which is argued is common in all appeals and, therefore, all these appeals are heard and decided by a common judgment.

4. The point, which is stressed, as was done before Single Judge, is:-

As to whether Shri S.L. Ahire, Deputy Commissioner [Employment Guarantee Scheme], Amravati, has powers to pass orders for deciding the appeal, though he was put into charge of the post of Additional Commissioner, Amravati?

5. Bone of contention is that the order dated 29th September, 2008 sanctioning leave to the Additional Commissioner does not result in appointment of Shri S.L. Ahire, Deputy Commissioner [EGS], as Additional Commissioner.

6. The foundation of the submission is that the powers of Commissioner were delegated by the State Govt., to the Additional Commissioner. Since the Additional Commissioner was not in the offi






























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