http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 41
PETITIONER: SHR1 RADESHYAM KHARE & ANOTHER
Vs.
RESPONDENT: THE STATE OF MADHYA PRADESH & OTHERS
DATE OF JUDGMENT: 30/09/1958
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. DAS, S.K. KAPUR, J.L. SUBBARAO, K.
CITATION: 1959 AIR 107 1959 SCR Supl. (1)1440 CITATOR INFO : F 1962 SC1110 (8) R 1965 SC1518 (9,10) R 1965 SC1578 (16) OPN 1967 SC1353 (5) RF 1967 SC1507 (6) RF 1973 SC2237 (3)
ACT: Municipality - Appointment of Executive Officer by State Governmcnt-If an administrative act-C. P. and Berar Municipalities Act, 1922 (Act II of 1922), ss. 53A and 57.
HEADNOTE: The main point for decision in this appeal by the Municipal Committee of Dhamtari and its President was, whether in appointing an Executive Officer in exercise of its powers under s. 53A of the C. P. and Berar Municipalities Act, 1922, the State Government acted in a judicial capacity or in an administrative one Complaints having been made against the appellants, the additional Deputy Collector was directed to hold an enquiry and on his report the State Government, by a notification under that section, appointed an Executive Officer of the Municipal Committee for 18 months with specified powers and duties. The appellants were given notice of the said enquiry, filed objections 1441 and the Pres...