necessary significance. As pointed out in Tata Cellular
there must be judicial restraint in interfering with administrative
action. Ordinarily, the soundness of the decision taken ... questioned but the decision making
process can certainly be subject to judicial review. The
8
2016 (7) SCALE
been taken purely on
public interest, the court ordinarily should exercise
judicial restraint.”
22
22. In Master Marine Services (P) Ltd. v. Metcalfe &
Hodgkinson ... Orissa and others3, it
has been ruled that when the power of judicial review is
invoked in matters relating to tenders or award of contracts
Manoj
Sharma v. State11 , would be relevant:-
“The doctrine of judicial restraint which has been empha-
sised repeatedly by this Court e.g. in Aravali
limited extent, in issues of governance it has also to show judicial restraint
in some areas of governance, and this is one of them
interim order, naturally,
strong and compulsive reasons exist for exercise of judicial restraint
in the manner and extent of exercise of jurisdiction. Though ... undesirable to lay down the
parameters and contours of the exercise of judicial power at the
interim stage by expressly laying conditions which would
culled out certain principles,
namely, (a) the modern trend points to judicial restraint in
administrative action, (b) the court does not sit as a court ... been taken purely on public
interest, the court ordinarily should apply judicial restraint.
22. In Michigan Rubber (India) Ltd. (supra) the Court
referred
held as under:-
“70. It cannot be denied that the principles of judicial review
would apply to the exercise of contractual powers by Government
bodies ... Court
enunciated the principle that the modern trend points to judicial
restraint in administrative action. The court does not sit as a court
of appeal
gone into on the strength of well developed cannons of judicial
disciplines and restraint.
30. Before parting, we deem it appropriate to put on record ... plea of violation of the principles of Rule of
Law and judicial review, urged on behalf of the petitioners,
would not merit any serious consideration
further investigation ordered by the Chief Judicial Magistrate,
Lucknow, was stayed on 7.11.2006. In view of the above restraint
order, passed by the Sessions Judge ... direction issued by the Chief Judicial
Magistrate, Lucknow, ordering further investigation. The aforesaid
order passed by the Chief Judicial Magistrate, Lucknow, came to be
stayed
evidently transgressed the ‘wise and self-imposed’
restraints (as they are described) on the power of judicial review by entertaining the
writ petition and issuing ... what lies outside the power of judicial
review is necessary to preserve the sanctity of judicial power. Judicial power is
respected and adhered
