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S.JEEVAGAN, Madurai. (Advocate, High court )     27 July 2015

Discretion of an authority:

"The authority cannot permit its decision to be influenced by the direction of others as this would amount to abdication and surrender of its discretion. It would then not be the Authority’s discretion that is exercised, but some one else’s. If an authority “hands over its discretion to another body, it acts ultravires”, such an interference by a person or body extraneous to the power would plainly be contrary to the nature of the power conferred upon the authority".

(A.I.R. 1989 SC 997).



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