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P S Jaya sankar   29 December 2021

define statutory rule of autonomous nody

sir,
Request clarity on statutory rules of autonomous body of Central Government, among the following two:-
1)Whether it is the momorandum of Association, Rules and regulation and bye-laws. OR
2) Government of India CCS Rules

Particularly when the dept follows both the above, to their suitability.
please clarify,if possible basing case law.Information required in matters of Quo Warranto


Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 December 2021

Hello,

As per my opinion, autonomous body will have their own act, rules and regulations. 

Dr J C Vashista (Advocate)     30 December 2021

A writ of "quo warranto" is governed by Articles 32 and 226 of the Constitution of India but not under any statutory law (such as CCS Rules), not to speak of Memorendum of Association, Bye-Laws, Rules or Regulations of autonomous bodies.

SHIRISH PAWAR, 7738990900 (Advocate)     31 December 2021

Quo warranto - The writ calls upon the holder of a public office to show to the court under what authority he is holding the office in question .

So officer/executive has to show under which rules, regulations or laws he is holding the office. 

Sudhir Kumar, Advocate (Advocate)     06 January 2022

please narrate facts of the case.


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