Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2019

Supreme Court of India · 2019-01-29

THE STATE OF MADHYA PRADESH vs DHARMENDRA RATHORE

Citation / case number
SC 2015/34551
Court
Supreme Court of India
Petitioner
THE STATE OF MADHYA PRADESH
Respondent
DHARMENDRA RATHORE
Author
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the Additional District Magistrate lacked jurisdiction to extern an individual under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, as only the District Magistrate has the authority to do so under Sections 3, 13, and 29 of the Adhiniyam. The Court clarified that the reliance on the Constitution Bench judgment in Ajaib Singh Vs. Gurbachan Singh was appropriate, as it established the principle that statutory powers cannot be delegated to lower-ranking officials. Consequently, the appeals by the State of Madhya Pradesh were dismissed, affirming the High Court's ruling.

THE STATE OF MADHYA PRADESH vs DHARMENDRA RATHORE · Niyam