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NITIN JAMDAR, S. MANU
Branch Manager, Kerala State Financial Enterprises Ltd. – Appellant
Versus
E. M. Nazeer – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
The Lok Ayukta on a complaint filed by Respondent No.1 held that deduction of income tax and surcharge by the Appellants – the Branch Manager and Managing Director of the Kerala State Financial Enterprises Ltd., was illegal and directed the Appellants to pay the amount deducted from the monthly rent payable to Respondent No. 1 with interest. This order is confirmed by the learned Single Judge by judgment dated 14 October 2015 in W.P.(C) No.24486 of 2007. The question that is raised in this appeal filed by the Appellants is as to whether the Lok Ayukta could have issued such a mandatory direction upon adjudication.
2. Respondent No.1 E.M. Nazeer, had constructed a shopping complex in his property in Survey No. 107 of Vithura Village by name, N.N. Arcade. The Appellant, Kerala State Financial Enterprises Ltd., had obtained a portion of the building on the first floor for functioning of its branch with carpet area of 2350 square feets at the rate of Rs.3 per sq. ft. on 5 May 2003. Nazeer had executed a power of attorney in favour of his father, as Nazeer was leaving the country to seek employment. The Financial Enterprises treating Nazeer as a Non-Resident
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
The power of review is a creature of the statute and no court or quasi- judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so.
Clause (c) of Section 8(1) of 2nd schedule to Act excludes from jurisdiction of Lok Ayukta, cases of contracts having commercial relations.
Once the court comes to the conclusion that the authority concerned was acting within the scope of its powers and had some material, however meagre, on which it could reasonably base its opinion, the....
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Action taken in respect of appointment, removal, pay, discipline, superannuation or other matters relating to conditions of service of public servants but, not including actions relating to claims fo....
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