Supreme Court of India · 1958-09-30
SHR1 RADESHYAM KHARE & ANOTHER vs THE STATE OF MADHYA PRADESH & OTHERS
- Citation / case number
- SC 1958/127
- Court
- Supreme Court of India
- Petitioner
- SHR1 RADESHYAM KHARE & ANOTHER
- Respondent
- THE STATE OF MADHYA PRADESH & OTHERS
- Author
- DAS, SUDHI RANJAN (),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPURL.,SUBBARAO, K.
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPUR, J.L.,SUBBARAO, K.
Judgment text excerpt
The Supreme Court held that the appointment of an Executive Officer by the State Government under Section 53A of the C. P. and Berar Municipalities Act, 1922, is an administrative act and not a quasi-judicial one. The Court clarified that while both Sections 53A and 57 require a finding of incompetency, the Government has the discretion to choose its remedy without being bound by the rules of natural justice. The appeal by the Municipal Committee was dismissed, affirming the administrative nature of the Government's action.