D.N. Jha, J. - (1.) THIS second writ petition has been preferred by Deo Sharan Misra against the order of suspension which was precisely the subject matter of dispute when he preferred Writ Petition No. 6062 of 1985.
(2.) LEARNED Counsel pointed out that the first petition was not dismissed through a speaking order and, therefore, second petition was maintainable. Without going into the question of my earlier order dated 20.11.1985 whether it was a speaking order or not I proceeded to hear the learned Counsel on this fresh petition presented by him. Learned Counsel for the Petitioner urged that the Notification contained in Annexure -6 empowering the Sub -Divisional Officer and revision thereof provided through the Commissioner was an excessive delegation. This notification is dated 14th October, 1976 and is notification No. 5681 -B/XXXHI -2237 -72. It may be mentioned that the State Government is vested with the power of delegation Under Section 96A of the U.P. Panchayat Raj Act 1947 (hereinafter referred to as the Act), the relevant section reads as under: The State Government may delegate all or any of its powers under this Act to any officer or authority subordinate to it subject to such conditions and restrictions as it may deem fit to impose." The underlined emphasis has been provided,
(3.) I find no substance in the submission of the learned Counsel for the Petitioner that provision in the notification that the order passed by the Sub -Divisional Officer in exercise of the power under Sub -section (gg) of Section 95 shall be revisable by the Commissioner of the Division and also by the State Government suffers from the vice of excessive delegation. The Pradhan is an elected Officer and, therefore, abundant caution has been taken by the State Government while delegating its power to the Sub -Divisional Officer. It is in order to check the reasonability of the order that it is provided that the order of suspension passed by the Sub -Divisional Officer shall be revisable by the Commissioner of the Division. This is covered within the phraseology ' subject to such conditions ' not only this it has also kept with it the power to revise the order passed by the Sub -Divisional Officer and confirmed by the Commissioner, therefore, in the notification as a matter of fact an excessive precaution has been taken by the State Government to see that the Pradhan who is elected officer is not arbitrarily suspended. The State Government has to look to the entire functioning of the State and, therefore, it cannot be said that the work to be discharged by the Government it light in any manner. The Legislature in its wisdom had provided for delegation of powers by the State Government and, therefore, the State Government could by notification delegate its powers within the ambit of the exercise of powers for purposes of passing the order for breach of any of the conditions provided in Section 95 of the Act. The notification in my opinion does not suffer from the vice of excessive delegation as urged by the learned Counsel for the Petitioner.;