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1 - 8 of 8 (0.30 seconds)Union Of India & Another vs G. Ganayutham on 27 August, 1997
The scope of judicial review of the decision taken by the disciplinary authority also came up for consideration before the Apex Court in the case of Union of India & Anr. vs. G. Ganayutham, 1998 (2) SLJ 102 (SC), wherein the Court examined the three grounds for judicial reviews, namely, reasonableness, rationality and proportionality with reference to English and Indian cases. The Court also examined how much margin of appreciation should be given while judicially reviewing a decision of an administrative authority. Referring to the Wednesbury Rule, the Apex Court observed :
Apparel Export Promotion Council vs A.K. Chopra on 20 January, 1999
In Apparel Export Promotion Council vs. A.K. Chopra, JT 1991 (1) SC 61, it has been observed that the Court cannot substitute its judgment for that of administrative authority. Even though Judicial Review of administrative action must remain flexible and its dimension not closed, yet the Court in exercise of the power of judicial review is not concerned with the correctness of the findings of fact on the basis of which the orders are made so long as those findings are reasonably supported by evidence and have been arrived at through proceedings which cannot be faulted with for procedural illegalities or irregularities which vitiate the process by which the decision was arrived at . Judicial Review, it must be remembered, is directed not against the decision, but is confined to the examination of the decision-making process. The Court while exercising the power of Judicial Review must remain conscious of the fact that if the decision has been arrived at by the Administrative Authority after following the principles established by law and the rules of natural justice and the individual has received a fair treatment to meet the case against him, the Court cannot substitute its judgment for that of the Administrative Authority on a matter which fell squarely within the sphere of jurisdiction of that authority.
The Indian Electricity Act, 1910
The Indian Evidence Act, 1872
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Union Of India & Ors vs B.K. Srivastava on 24 October, 1997
In Union of India & others vs. B.S. Srivastava, JT 1997 (8) SC 573, it has been held that this Tribunal would not be justified in its judicial review to sit in appeal over the decisions of the disciplinary authorities.
Section 468 in The Code of Criminal Procedure, 1973 [Entire Act]
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