Commissioner of Police, Bombay v. Gordhandas Bhanji

• Could the Government of Bombay cancel a licence issued under the City of Bombay Police Act?
• Did the Commissioner exercise independent discretion when granting and later cancelling?
• Can Section 45 of the Specific Relief Act, 1877 compel the Commissioner to reconsider and decide?

• Under the City of Bombay Police Act, 1902 and the 1914 Rules, cancellation power lies with the Commissioner, not the Government.
• When law gives discretion to an officer, the officer must act independently; acting as an agent is a failure of duty.
• Section 45, Specific Relief Act, 1877 (mandamus) can require performance of that duty—i.e., a fresh, lawful decision.

• Licence (16 Jul 1947) valid: Proper use of Rule 8; reliance on Advisory Committee was fine.
• Cancellation (30 Sep 1947) invalid: Made on Government’s say—Government had no power to revoke.
• Duty to decide: Commissioner failed to exercise independent discretion under Rule 250.
• Remedy: Section 45 applies—Commissioner must reconsider objections and pass a clear, final order.

Where a statute confers power on a specific officer, that officer must act personally and independently. An order that shows it was issued under outside direction is bad in law.

• Protects rule of law: decisions must come from the right authority.
• Promotes accountability: officers must record reasons and show their own mind.
• Guides remedies: mandamus can correct failure to exercise discretion.

1. Only the Commissioner could cancel; Government had no such power.
2. Independent discretion is non-delegable.
3. Orders must be clear, reasoned, and by the proper authority.
4. Mandamus (S.45) can force a lawful decision where duty exists.

Mnemonic: CINEMA — Commissioner’s power, Independent mind, No Government cancel, Exercise discretion, Mandamus applies, A clear order.

1. Spot the power-holder (Commissioner only).
2. Check independence (no outside instruction).
3. Remedy by mandamus if duty is ignored.

Issue: Who could cancel the licence, and did the Commissioner use his own discretion?

Rule: Act/Rules vest power in the Commissioner; discretion must be personal; Section 45 can compel performance.

Application: Cancellation letter showed Government direction; no independent mind; hence invalid.

Conclusion: Licence valid; cancellation void; Commissioner to reconsider and pass a fresh order.

Discretion

Choice given by law to an authority to decide after considering facts and policy.

Mandamus (S.45)

Court order directing a public officer to perform a legal duty.

Rule 8 / Rule 250

Rules under 1914 Regulations for granting and controlling public amusement licences.