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1 - 3 of 3 (0.15 seconds)Director, Central Plantation Crops ... vs M. Purushothaman And Ors on 26 July, 1994
7.More or less in an identical circumstance, the Supreme Court dealing
with the recovery of HRA even for an unallotted accommodation in a decision in
Director, Central Plantation Crops Research Institute V. M.Purushothaman, 1995
Supp(4)SCC 633 held in paragraphs 5 and 6 as follows:
Shri Sitaram Sugar Company Limited & ... vs Union Of India & Ors on 13 March, 1990
5.While exercising the power of judicial review of administrative action,
the Court is not the Appellate Authority and the Constitution does not permit
the Court to direct or advise the executive in the matter of policy or to
sermonise qua any matter which under the Constitution lies within the sphere of
the legislature or the executive, provided these authorities do not transgress
their constitutional limits or statutory power. (See Asif Hameed v. State of
J&K1 and Shri Sitaram Sugar Co. Ltd. v. Union of India2.) The scope of judicial
enquiry is confined to the question whether the decision taken by the Government
is against any statutory provisions or it violates the fundamental rights of the
citizens or is opposed to the provisions of the Constitution. Thus, the position
is that even if the decision taken by the Government does not appear to be
agreeable to the Court, it cannot interfere.
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