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Power cannot be re-delegated unless sanctioned by law

A person who is delegated certain power cannot delegate it further, unless it is sanctioned by law, the Supreme Court stated while dealing with an offence under the Air Pollution Act, P Pramila vs state of Karnataka. The charge was stockpiling iron ore at various places without pollution measures. The regional officer (environment) filed a criminal complaint but the owner challenged it in the high court. It refused to quash the complaint. On further appeal, Supreme Court found that the complaint was filed by an officer who is not authorised to do so. The pollution control board or its chairman can file the complaint but they cannot delegate the power to another officer. On this ground the complaint was quashed, but the court asked the board to file a legally proper complaint within two months.

 Article referred: http://www.business-standard.com/article/opinion/excise-duty-at-point-of-sale-sc-115050300727_1.html

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