Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 27: Powers of Officers Appointed
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
Brief Detail
Section 27 establishes that government officers who have been granted specific powers by the High Court or State Government will retain those powers when appointed to an equal or higher position within the same local area, unless directed otherwise by the High Court or State Government. This provision ensures continuity in the exercise of authority across similar roles.
Q1: What Happens When a Government Officer is Promoted or Transferred?
A: If a government officer holding powers under this Sanhita is appointed to an equal or higher office in the same local area, they will exercise the same powers unless directed otherwise.
Q2: Who Has the Authority to Direct Changes in Powers?
A: The High Court or the State Government has the authority to direct whether an officer retains their powers in a new position.
Q3: What is the Scope of This Section?
A: This section applies to officers holding positions in the government who have been invested with powers under this Sanhita and are appointed to similar roles.
Example
- Example 1: If a District Magistrate is promoted to a Divisional Commissioner position in the same local area, they retain the powers previously granted to them.
- Example 2: A police officer assigned certain powers under this Sanhita continues to exercise those powers when promoted to a higher rank within the same jurisdiction.
Summary
Section 27 ensures that government officials retain their granted powers when appointed to equal or higher positions within the same local area, promoting consistency and stability in governance. It emphasizes the importance of proper direction from the High Court or State Government in any changes to these powers.
