Mahindra Ltd .)
(x) LORD GREENE in Associated Provincial Picture Houses Ltd. v.
Wednesbury Corpn ... justiciable question; by "irrationality" he means "Wednesbury
unreasonableness". It applies to a decision which is so outrageous
in its defiance
failure to give reasons, etc.
23. The ground of irrationality takes in Wednesbury
[Associated Provincial Picture Houses Ltd. v. Wednesbury Corpn ... unreasonableness
propounded in Associated Provincial Picture Houses Ltd. v.
Wednesbury Corpn. [Associated Provincial Picture Houses Ltd. v.
Wednesbury Corpn
justiciable question; by "irrationality"
he means "Wednesbury unreasonableness". It applies to a
decision which is so outrageous in its defiance ... involve any denial of natural justice."
(ii) The principle of "Wednesbury unreasonableness" or irrationality,
classified by Lord Diplock
courts as a primary reviewing authority and not on the
basis of Wednesbury[Associated Provincial Picture Houses
Ltd.v.Wednesbury Corpn ... when does
the court apply theWednesbury[Associated Provincial Picture
Houses Ltd.v.Wednesbury Corpn., (1948) 1 KB 223 (CA)] rule as a
secondary reviewing authority
thereonwards. it also
becomes encapsulated therein, vis-a-vis, the afore "wednesbury"
test, hence empowering the making, of, judicial review, of,
executive decision ... both the
proportionality test, as well, as, the "wednesbury" principle,
continuing to co-exist, and, finest difference, inter-se both being
comprised
thereonwards. it also
becomes encapsulated therein, vis-a-vis, the afore "wednesbury"
test, hence empowering the making, of, judicial review, of,
executive decision ... both the
proportionality test, as well, as, the "wednesbury" principle,
continuing to co-exist, and, finest difference, inter-se both being
comprised
thereonwards. it also
becomes encapsulated therein, vis-a-vis, the afore "wednesbury"
test, hence empowering the making, of, judicial review, of,
executive decision ... both the
proportionality test, as well, as, the "wednesbury" principle,
continuing to co-exist, and, finest difference, inter-se both being
comprised
Western Geco amplified this by adopting what is now
called the 'Wednesbury unreasonableness' test:8 the decision must
not be one that ... that the decision must not be
perverse, and must not fail the Wednesbury unreasonableness test.
The Western Geco enunciation was approved in Associate Builders
decision-making power and must give effect to it.
(ii) Irrationality, namely, Wednesbury
unreasonableness,
(iii) Procedural impropriety."
31. But merely because the accusations made ... However,
the decision must not only be tested by the application ofthe
Wednesbury [Associated Provincial Picture Houses v. Wednesbury
Corpn
1635/2011
punishment.
(v) Even otherwise, by applying the Wednesbury
principles of reasonableness and doctrine of
proportionality, the punishment of dismissal from
service is disproportionate ... concept of primary and secondary
review and the applicability of Wednesbury test therein has
been couched by the Apex Court in the following words
