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 office, the cases were decided by Deputy Commissioner Shri S.L. Ahire. According to the appellants, as Shri Ahire was never appointed as Additional Commissioner, the orders passed by him while he was holding additional charge of the post of Additional Commissioner are, in fact, orders passed by a Deputy Commissioner, in whom the powers are not vested or delegated and, therefore, orders passed by him are passed without powers and are without jurisdiction.

7. It is, therefore, urged that the orders subject-matter are passed by a Deputy Commissioner, and not by “Additional Commissioner”.

8. It is also not in dispute that Shri S.L. Ahire was put into additional charge of the office held by Shri S.G. Malakolikar [the incumbent holding the post of Additional Commissioner] by order dated 29th September, 2008.

9. The appellants are adhering to the designation of Shri S.L. Ahire, Deputy Commissioner [EGS], Amravati, ignoring the fact that Shri Ahire was put into charge held by Shri S.G. Malakolikar unrestrictedly.

10. Plain reading of the order dated 29th September, 2008, by which Shri S.L. Ahire,

Deputy Commissioner [EGS] was directed to hold additional charge of the post held by Shri Malakolikar reveals that it did not prevent Shri S.L. Ahire from performing any functions.

11. The challenge, which is based on contention that the orders, which were impugned in the Writ Petitions, were passed by a Deputy Commissioner, and not Additional Commissioner is, thus, based upon a fiction that the Deputy Commissioner has no power and capacity to function as Additional Commissioner in spite of the fact that he was put into the charge of the said post.

12. Next point of challenge that is argued is based on Section 182 of the Bombay Village Panchayats Act.

13. According to the appellants, Section 182 of the Bombay Village Panchayats Act provides for delegation of powers by the Commissioner or Collector to an officer not below the rank of Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari, and subject to general or special orders of the State Govt., however, such delegation has to be done by a notification in the Official Gazette. Based on this provision of law, learned Adv., for the appellants has argued that Section 182 (1) contemplates a notification in the Official Gazette.

14. Appellants further urge that the posting of Shri Ahire with charge of Additional Commissioner is alternative to delegation which has not been notified in Official Gazette, and it is, therefore, ultra vires and exercise of powers by him is without jurisdiction.

15. This Court has scrutinized the submission, based on Section 182 of the Bombay Village Panchayats Act. The text of Section 182 can be simplified in following manner:-

Sec.182 (1):-

[1] State Govt. can delegate its powers.

[2] Delegat