Prashant Kumar Jaiswal And 12 Others vs State Of U.P. And 10 Others on
ratified by
respondent No.3 has to be considered as valid ratification by the
competent authority. The competent authority herein being the 3rd
respondent ... order of respondent No.2 cannot
be held to be a valid ratification. However, this Court finds that where
an order is passed
Chairman of the disciplinary sub-committee is valid and whether by the
mere ratification of such actions by the Managing Committee ... continuous period
exceeding one year could not be validated by a ratification of that
action subsequently by the Registrar as statutorily it is possible only
order of termination issued by the Secretary, in this case is not valid. Learned counsel further stated that the contention that the Committee of Management ... Secretary, in terminating the petitioners cannot be accepted since the said ratification has been made during the pendency of stay order in the Writ Petition
Dr. Sunita Chandra (Now S/S) vs U.O.I. Thru. Secy. Ministry Of Human
regard to an order illegal at its very
inception incapable of validation or ratification by any subsequent act has
been considered holding at paragraph ... sanctified at a later stage.
A subsequent action/development cannot validate an
action which was not lawful at its inception, for the reason
that
subsequently 'rectified' by ratification of the
competent authority. Ratification by definition
means the making valid of an act already
done. The principle ... ratification of an act is
equivalent to a prior authority to perform such
act'. Therefore ratification assumes an invalid
act which is retrospectively validated
such decision of the Promotion Board would be illegal.
„Ratification‟ means the making valid of an act already done. The principle
of 'ratification
shall however be placed before the Board at its next meeting for ratification.
11. In our opinion, it cannot be said that the termination ... taken in circulation suffers from any irregularity, the subsequent ratification by the full Board validates the order of termination with effect from the date
statute to be void, it cannot be validated on the theory of acquiescence or ratification.
Aviling Barford Ltd. v. Perion Ltd. - 1989 BCLC