Ram Khilari Meena vs M/O Railways on 25 January, 2022
15.5 This judgement has also discussed the Col. J N Sinha case (supra) and
observed that the right conferred on the appropriate authority with regard
to FR 56 (J) is an absolute one and that power can be exercised subject to
the conditions mentioned in the rule, one of which is, that the authority
concerned must be of the opinion that it is in public interest to do so. If
that authority bonafide forms that opinion, the correctness of that opinion
cannot be challenge before courts. It is open to the aggrieved party to
contend that the requisite opinion has not been formed or the decision is
based on collateral grounds or that it is an arbitrary decision.