Finance commissioner powers query
Anonymous
(Querist) 11 December 2017
This query is : Resolved
Whether a FC after hearing arguments and put it for order (Matter is regarding Lambardari case)
Can he pass order after four years of arguments heard ?
and that so at present time when he is passing order didn't have Revenue department Under him which he was having at time of hearing arguments
M V Gupta
(Expert) 13 December 2017
On first principle, an officer who does not hold the post cannot pass or exercise authority of a Department or a judicial or quasi judicial post from which he has been transferred or removed, even if he has while holding the post reserved order in a case.It is his successor in office who can on the basis of the record that can exercise the power to pass the order or direct fresh arguments..No limitation for such action.
Anonymous
(Querist) 16 December 2017
Actually he is finance commissioner but on the date of order he was not having revenue department under his office
So whether he can pass order in such circumstances because only he has heard the arguments four years ago
