District Magistrate is vested with a wide array of discretionary powers, and has the responsibility of the entire district. In this article, we discuss the judgment of Vinod Kumar Rai vs. State of U.P. and others, Writ A No. 45040 of 2010, and the law surrounding the issue.
Legal Position
It is a settled legal proposition that the authority which has been conferred with the competence under the statute alone can pass the order.
The District Magistrate does not have any authority to stop the salary of any Class-1 Officer in his district. However, upon his observation that the officer has been disobedient or negligent, the District Magistrate can refer the matter for consideration by the State Government.
Moreover, if a statute imposes a duty on an authority, he must exercise the power independently and personally without any supervisory control. In the case of Madan Kumar and others v. D.M, Auraiyya and others, it was held that powers of the District Inspector of Schools cannot be exercised by the District Magistrate, and any such orders of the District Magistrate were quashed.
Vinod Kumar Rai vs. State of U.P. and others
In this case, the petitioner, a class – 1 Gazetted Officer, then posted as Deputy Director, Agriculture (Research), Etawah was aggrieved of order passed by the District Magistrate in pursuance of which the salary of the petitioner was stopped. Hence, a writ petition was filed against the impugned order praying for a writ, order, or direction in the nature of certiorari.
The Hon’ble Allahabad High Court laid down the law and stayed the impugned order. Later, the impugned order was withdrawn and the petition was accordingly disposed of.
You can read the Orders dated 03.08.2010 and 10.08.2010 by referring below.
Case details – WRIT – A No. – 45040 of 2010
Petitioner Counsel – Nikhil Kumar