VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 383
763
the order by any authority actively or passively or disobeying it
expressly or impliedly. Even if the order has been improperly obtained
the authorities cannot assume on themselves the role of subsistuting
it or clarifying and modifying it as they consider proper.
Any order passed by a Court of Law, more so by the higher
courts and specially the Supreme Court whose decisions are
declarations of law are not only entitled to respect but are binding
and have to be enforced and obeyed strictly. No court much less an
authority howsoever high can ignore it. Any doubt or ambiguity can
be removed by the court which passed the order and not by authority
according to its own understanding.
(383)
Suspension — satisfaction of competent authority,
recital of
Absence of recital of satisfaction of competent
authority in the order of suspension does not render
the order invalid.
State of Haryana vs. Hari Ram Yadav,
1994(2) SLR SC 63
The mere fact that the order of suspension does not contain
a recital that the Governor was satisfied that it is either necessary or
desirable to place the respondent under suspension, does not render
the order invalid.
The law is well settled that in cases where the exercise of
statutory power is subject to the fulfillment of a condition, then the
recital about the said condition having been fulfilled in the order raises
a presumption about the fulfillment of the said condition, and the
burden is on the person who challenges the validity of the order to
show that the said condition was not fulfilled. In a case, where the
order does not contain a recital about the condition being fulfilled,
the burden to prove that the condition was fulfilled would be on the
authority passing the order if the validity of the order is challenged on