1965 (2) TMI 104 - SC - Indian Laws

Summary

Issues: Validity of delegation of judicial functions under sections 105B to 105E by the Commissioner of Municipal Corporation.

In this case, the Supreme Court considered the validity of the delegation of judicial functions under sections 105B to 105E by the Commissioner of Municipal Corporation to certain officers. The dispute arose when a tenant and a boarder were ordered to be evicted from corporation premises, and an appeal was filed challenging the delegation of powers. The City Civil Court held that the delegation was improper as judicial powers could not be delegated, especially when control over decisions was retained by the Commissioner. The Court analyzed Section 68 of the Bombay Municipal Corporation Act, which allowed officers to exercise powers under the Commissioner's control and revision. The Court noted that while administrative functions could be controlled and revised by the Commissioner, the essential power to decide in judicial or quasi-judicial matters could not be subject to such control. The Court emphasized that the delegation of powers under sections 105B to 105E was intended, and the control and revision mentioned in the delegation referred to administrative aspects, not the decision-making process itself. The Court clarified that the order of the delegate was equivalent to the Commissioner's order and appealable as such. Since there was no evidence of improper influence or intervention by the Commissioner in the decision-making process, the Court allowed the appeal, set aside the City Civil Court's order, and reinstated the officer's order under section 105B without costs.