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2008 Supreme(Mad) 719

K.SUGUNA, FAKKIR MOHAMED IBRAHIM KALIFULLA, A.P.SHAH
A. Savariar – Appellant
Versus
The Secretary, Tamil Nadu Public Service Commission, Chennai & Another – Respondent


Advocates Appeared:
For the Petitioner:S. Parthasarathy, Senior Counsel, N. Damodaran, Advocate.
For the Respondent:C.N.G. Ezhilarasi, Advocate.

Judgment :-

K. Suguna, J.

As per the order of reference, the is-sue to be decided is whether the officer-in-charge of a post is vested with powers to perform the statutory powers and duties of such post.

As per the judgment re-ported in 1997 Writ L.R. 33 (C. Baskaran v. The District Collector, Trichy), the Division Bench of this Honourable Court has held that an Officer-in-charge of a post is not entitled to discharge the statutory functions of such post.

.2. In the judgment reported in 1997 Writ L.R. 33 (C. Baskaran v. The District Collector, Trichy) at page 35 in para 4, the Division Bench of this Honourable Court has held as follows:

."There is one more aspect of the matter which has not been noticed by the peti-tioner/appellant and also by the learned single Judge. The order is not passed by the District Collector, Trichy, but it is passed by the officer-in-charge of the office of the District Collector. The very title of the proceedings shows that it is the order passed by the Incharge Collector. In-charge Collector cannot be considered to be the Collector and he is entitled to discharge the statutory functions of the Collector. He is only intended to look after the day-to-da


















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