Can Delegated Authority Pass an Order of Dismissal?

2023 0 Supreme(All) 38

For finding out the appropriate authority eligible to pass an order of removal/dismissal, the state of affairs as they existed on the date of appointment are relevant. ... He argues that it is a settled law that order of dismissal/removal can only be passed by an authority equivalent to or superior to the appointing authority. Assistant Security Office....

2025 Supreme(Online)(Ker) 56800

Section 12 (2) of the 1950 Act, the Managing Director is the competent authority. The powers with the 3rd respondent has been delegated vide order dated 20.09.2022 which is reproduced below: “Sri. A. ... The learned counsel for the appellant contended that the learned Single Judge failed to properly appreciate the grounds raised in the Writ Petition, particularly Rule 13(2)(b)(v) and (vi) of the Rules, where the dismissal ....

2022 0 Supreme(Chh) 515

so delegated shall continue to vest in the officer or authority delegating such powers. ... Karunakar (supra), the matter is remanded back to the Disciplinary Authority to take appropriate decision and pass order based on enquiry report in accordance with law. 22. ... Subject to the provisions of this Act and the Statutes, any officer or authority of the University may delegate his or it....

2024 0 Supreme(Bom) 583

The parties to act on the authenticated copy of this order. ... The authority deciding one of the clause of Sec. 16(1) of the said Act on the basis of a complaint is acting as quasi judicial authority. Such quasi judicial authority is not entitled to delegate his powers to the subordinate as no such power is mentioned in the Act. ... Ghate, learned counsel for the petitioner would submit that the provisions of Sec. 40 of ....

Court of Appeal Putrajaya

He nevertheless also found that the Service Suspension Order is lawfully made pursuant to the delegated power given by the 2nd Respondent. ... /Restriction Order which led to the dismissal Decision. ... shall impose the punishment of dismissal or reduction in rank, as it deems appropriate; (b) the grounds on which the order was made against the officer do not warrant a punishment of #HL_....

The renter delegated his authority in writing to the complainant, who is manager of the arrack farm, Wellaboda pattu. ... The Government Agent had delegated to an arrack renter authority to place Jocks on the doors of the storehouse of any licensed distiller in the Galle District under section 22 of Ordinance No. 10 of 1844. ... The Government Agent had delegated to an arrack renter a....

2023 0 Supreme(MP) 359

Public Trusts Act, 1951 (hereinafter referred to as the ‘Act, 1951’) has passed the impugned order, but he is not an authority notified and therefore, he cannot exercise the power of Registrar, Public Trusts and pass the impugned order. ... However, the Registrar itself cannot make any observation or can pass any order for management of the Public Trusts or will not try to administered t....

Also the chairman may vary or cancel such delegation by order.     Lawful exercise of power entails that such power is to be exercised by the authority upon which it is conferred. ... to such purpose or purposes as may be specified in the order and any such delegation may at any time be varied or cancelled by order of the chairman. ...     8(3) states     "The exercise, discharge or performance by the vice chairma....

Requisitioning order-Competent authority-His power to delegate authority-Defence (Miscellaneous) Regulation 37 (1). ...     The responsibility entrusted to the competent authority under regulation 37 (1) of the Defence (miscellaneous) Regulations cannot be delegated by him to a subordinate officer. APPEAL from a conviction from the Magistrate?s Court, Gampaha. ... That is a responsibility entru....

Andhra Pradesh

There is a bounden duty upon him to consider the matter in its entirety by himself and to pass an order by himself. These are no matters which can be delegated further. The appellate authority alone can sign/deliver the order. No other Officer can exercise this power. ... It is also argued that in an appeal, the question of evidence etc., does not arise and therefore both the orders impugned namely the #H....

2015 0 Supreme(UK) 453

Clearly the judgments of Hon’ble Apex court on this aspect caution the authorities in such cases. In other words, is the order of dismissal or removal (reduction in the rank as the case might be), the only order which can be passed by the authority. Whether the appointing authority has to do nothing further then to pass a dismissal order or removal order?

2010 0 Supreme(J&K) 194

"One more aspect that may have to be borne in mind is that Article 311(1) does not command that the dismissal must be by the very same authority who made the appointment or by its direct superior. Paragraph 15 of said judgment is reproduced as under: The dismissal order can either be issued by the appointing authority or by any other authority to which the appointing authority is subordinate. At paragraph 15 in Government of Andhra Pradeshs case, the Honble Supreme Court has ....

2010 0 Supreme(All) 683

It has been brought to our notice that the Hon'ble Supreme Court in Sampuran Singh vs. They have given this decision on the interpretation of article 311 (1) of the Constitution which lays down that an authority subordinate to that by which a person was appointed shall pass order of his dismissal or removal. From the language of this provision their Lordships have held that it followed that an authority higher in rank can be appointing authority can pass an order of dismissal or remo....

2007 0 Supreme(Jhk) 827

(ii) Who is the competent authority within the meaning of Article 311(2)(b) of the Constitution, who can take a decision to dispense with the regular enquiry? 9. In the light of the above contentions, the following questions have emerged for consideration: (i) Whether appointing authority alone is the competent authority to pass an order of removal or dismissal?

2005 0 Supreme(Raj) 2814

The competent Authority after considering this defence, if any, may dismiss or remove from service with or without pension. It is also not in dispute now before us that the Competent Authority did issue a show-cause notice on finding that the incumbent has not reported on duty since expiry of his sanctioned leave w. e. f. 27. 10. 1990. The Competent Authority, who can pass the order of dismissal or removal has been prescribed as per Section 11 and Rule 17. It is not the conte....