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Showing contexts for: judicial restraint in M/S Bakshi Security And Personnel ... vs State Bank Of India on 24 October, 2017Matching Fragments
21.2) In Tata Cellular v. Union of India [AIR 1996 SC 11], this Court referred to the limitations relating to the scope of judicial review of administrative decisions and exercise of powers in awarding contracts, thus :
(1) The modern trend points to judicial restraint in administrative action.
(2) The Court does not sit as a court of appeal but merely reviews the manner in which the decision was made.
(3) The Court does not have the expertise to correct the administrative action. If a review of the administrative decision is permitted it will be substituting its own decision, without the necessary expertise which itself may be fallible. (4) The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. More often than not, such decisions are made qualitatively by experts. (5) The Government must have freedom of contract.
21.6) In B.S.N. Joshi v. Nair Coal Services Ltd. [2006 (11) SCALE 526], this Court observed :
"56. It may be true that a contract need not be given to the lowest tenderer but it is equally true that the employer is the best judge therefor; the same ordinarily being within its domain, court's interference in such matter should be minimal. The High Court's jurisdiction in such matters being limited in a case of this nature, the Court should normally exercise judicial restraint unless illegality or arbitrariness on the part of the employer is apparent on the face of the record."
15. The Apex Court in Tejas Constructions and Infrastructure Private Limited Vs. Municipal Council, Sendhwa and another reported in (2012) 6 SCC 464 has held in regard to same subject as under :-
16. In Tata Cellular v. Union of India (1994) 6 SCC 651, this Court emphasized the need to find the right balance between administrative discretion to decide matters on the one hand and the need to remedy any unfairness on the other and observed: (SCC pp. 687-88, para 94) "(1) The modern trend points to judicial restraint in administrative action.