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.