Searching Case Laws & Precedent on Legal Query.....!
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Checking relevance for Shivendra Kumar VS State Of Maharashtra...
2000 6 Supreme 451 : Yes, the Education Department can act as the competent authority to grant sanction for prosecution if the Principal Secretary of the Education Department has been appointed as the competent authority by the Government. The court held that the Secretary of the Medical Education Department, acting on behalf of the Governor, was competent to pass the sanction order because the Secretary is the Head of the Department and the Principal Officer representing the State Government. The court emphasized that unless specific material is produced to show that some other officer was competent to deal with the matter, it can be reasonably assumed that the Secretary of the Department is the competent authority to pass the order of sanction. The court further noted that the Medical Education Department was the controlling Department for the appellant, who was a lecturer in a Medical College, which supported the Department''''s jurisdiction in the matter.Checking relevance for Lalu Prasad @ Lalu Prasad Yadav VS State Of Bihar Through CBI (AHD) Patna...
2006 8 Supreme 994 : Yes, the Education Department can act as the competent authority for granting sanction under the Prevention of Corruption Act, 1988, if the Principal Secretary of the Education Department has been appointed as the competent authority by the Government. The legal principle established is that the authority competent to grant sanction is the one competent to remove the public servant from office. In the absence of specific material showing that another officer was authorized, it can be reasonably assumed that the Secretary of the Department—being the Head of the Department and principal officer representing the State Government—is the competent authority to pass the order of sanction. The Secretary’s authority to act on behalf of the State Government is valid unless challenged with specific evidence to the contrary.Checking relevance for Raj Cecil VS Managing Committee Of Laxmi Narain Bhagwati Devi Vidya Mandir, Girls High School...
Checking relevance for Kavi Raj VS State of J&K...
Checking relevance for Ranjit Kumar Murmu VS Lachmi Narayan Bhomroj...
Checking relevance for Sk. Md. Rafique VS Managing Committee, Contai Rahamania High Madrasah...
Checking relevance for Debdas Dey VS State Of West Bengal...
Checking relevance for GOVT. OF NCT OF DELHI VS UDAL SINGH...
Checking relevance for Rudra Prasad Sarangi VS State Of Orissa...
Checking relevance for Sanat Kumar Ghosh VS Chancellor, University of Kalyani...
Checking relevance for Tulumoni Devi, W/o. Ratul Neog VS State of Assam, Rep. by its Comm. and Secy. to the Govt. of Assam, elementary Education, Dispur...
Checking relevance for Tulumoni Devi VS State of Assam...
Checking relevance for Managing Committee, Shri Mahaveer Sr. Secondary School, Bhilwara vs Kailash Chand Jat S/o. Shri Heera Lal Jat...
Checking relevance for Secy. , Technical Education, U. P. VS Lalit Mohan Upadhyay...
Checking relevance for State Of Punjab VS Iqbal Singh...
Checking relevance for State Of Assam VS Kripanath Sarma...
Checking relevance for Director Of Tribal Welfare, Govt. of A. P. VS Laveti Giri...
Checking relevance for National Institute of Technology VS Pannalal Choudhury...
Checking relevance for State Of T. N. VS ADHIYAMAN EDUCATIONAL & RESEARCH INSTITUTES...
Checking relevance for Divya Prakash VS Kultar Chand Rana...
Checking relevance for Rajendra Prasad Sharma VS State...
Checking relevance for Shurzat Ali Ahmed VS State of Assam...
Checking relevance for Mina Prava Barman VS State of Assam...
Checking relevance for Jaideo Ray VS State of Jharkhand...
2014 0 Supreme(Jhk) 996 : Yes, the Education Department can act as the competent authority if the Principal Secretary, Education Department, has been appointed as the competent authority by the Government under the Act. The judgment establishes that when a power is delegated to an authority (such as the Principal Secretary), the original authority (the State Government) retains the power to exercise it, and the delegatee (the Principal Secretary) can act on its behalf. This is supported by the precedent in Godawari S. Parulekar vs. State of Maharashtra, (1966) 3 SCR 314, which held that a State Government does not lose its power to act under a provision merely because it has delegated that power to a subordinate authority. Therefore, if the Government has formally appointed the Principal Secretary of the Education Department as the competent authority, the Education Department, through that officer, can validly exercise the delegated authority.Checking relevance for Reliance Retail Limited, Ranchi VS State of Jharkhand...
Checking relevance for Executive Director Karnataka Examination Authority & Selection Authority VS State of Karnataka by its Principal Secretary to Government Dept. of Higher Education...
2018 0 Supreme(Kar) 430 : Yes, the Education Department can act as the Competent Authority if the Principal Secretary, Education Department is appointed as the Competent Authority by the Government. The judgment clarifies that the Appointing Authority (or the admitting Authority in the matter of admissions) is the only authority empowered to initiate the process for verification of caste and income certificates by the Caste Verification Committee. In this case, the Principal Secretary, Education Department (Higher Education) is identified as the Appointing Authority, and thus, the Education Department, through this official, is competent to issue appointment orders only after the issuance of Validity Certificates by the prescribed competent authorities. The judgment confirms that the Appointing Authority, not the Selection Committee, has the jurisdiction to initiate verification and issue appointments, and since the Principal Secretary, Education Department is designated as the Appointing Authority, the Education Department can act as the Competent Authority in this context.
