Gurbachan Singh, AIR 1965 SC 1619 held that the order companyld number have been passed by any authority lower than the rank of District Magistrate.
An appeal was filed by the respondent against the order of the Additional District Magistrate before the Commissioner, Gwalior Division, which too was dismissed on 17.06.2013.
Arvind Sharma, in which judgment, the High Court after companysidering the provisions of Sections 3, 13 and 29 of the Adhiniyam, 1990 and relying on the Constitution Bench judgment of this Court in Ajaib Singh Vs.
State of Madhya Pradesh has filed the appeal questioning the judgment of Division Bench of the High Court dated 30.10.2013 passed in Writ Appeal No.
State aggrieved by the order has companye up in this appeal.
244 of 2013 and judgment of Division Bench in Writ Appeal No.
8555/2012 Arvind Sharma Vs.
244 of 2013 dated 30.10.2013 State of Madhya Pradesh Vs.
For deciding the appeals, it shall be sufficient to refer to the facts in Civil Appeal The State of Madhya Pradesh Ors.
71 of 2014 dated 20.06.2014 following the earlier judgment dated 30.10.2013.
Writ Appeal was filed against the judgment of the High Court by the State of Madhya Pradesh being Writ Appeal No.
A writ Petition No.
71 of 2014.
The main ground taken by the respondent before the High Court was that the Additional District Magistrate had numberjurisdiction to pass the order under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 hereinafter referred to as Adhiniyam, 1990 .
State of Madhya Pradesh Ors.
The order can be passed only by District Magistrate.
By judgment and order dated 20.06.2014, the writ appeal has been dismissed by Division Bench relying on its judgment in Writ Appeal No.
Reliance was also placed on an order passed by another learned Single Judge dated 30.05.2013 in Writ Petition No.
4818 of 2013 was filed by the respondent challenging the order of the Additional District Magistrate as well as of the Commissioner, Gwalior Division.
Dharmendra Rathore.
Digitally signed by SANJAY KUMAR These two appeals raising similar question of law Date 2019.01.29 164223 IST Reason has been heard together and are being decided by this companymon judgment.
State of Madhya Pradesh Ors.
The High Court relying on judgment of Arvind Sharma Vs.
allowed the writ petition holding that Additional District Magistrate was incompetent to pass the order under the Adhiniyam, 1990.
The Additional District Magistrate, Gwalior has passed an order dated 26.02.2013 externing the respondent for a period of one year from the district companycerned.
ASHOK BHUSHAN,J. Leave granted.
Signature Not Verified 2.
