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Thursday, June 6

Court’s power of judicial review of administrative or executive action

S.R. Tewari vs. Union of India & Anr. Civil Appeal No. 4715-4716 of 2013 (Arising out of S.L.P.(C) NOs.22263-22264 of 2012), Decided on May 28, 2013
 
The Hon’ble Supreme Court held:

The court can exercise the power of judicial review if there is a manifest error in the exercise of power or the exercise of power is manifestly arbitrary or if the power is exercised on the basis of facts which do not exist and which are patently erroneous. Such exercise of power would stand vitiated. The court may be justified in exercising the power of judicial review if the impugned order suffers from mala fide, dishonest or corrupt practices, for the reason, that the order had been passed by the authority beyond the limits conferred upon the authority by the legislature. Thus, the court has to be satisfied that the order had been passed by the authority only on the grounds of illegality, irrationality and procedural impropriety before it interferes. The court does not have the expertise to correct the administrative decision. Therefore, the court itself may be fallible and interfering with the order of the authority may impose heavy administrative burden on the State or may lead to unbudgeted expenditure”. [Para 14]

There may be a case where the holders of public offices have forgotten that the offices entrusted to them are a sacred trust and such offices are meant for use and not abuse. Where such trustees turn to dishonest means to gain an undue advantage, the scope of judicial review attains paramount importance”. [Para 16]

The court referred following case laws:

Commissioner of Income-tax, Bombay & Ors. v. Mahindra & Mahindra Ltd. & Ors., AIR 1984 SC 1182, where the SC held that various parameters of the court’s power of judicial review of administrative or executive action on which the court can interfere had been well settled and it would be redundant to recapitulate the whole catena of decisions. The Court further held:

“It is a settled position that if the action or decision is perverse or is such that no reasonable body of persons, properly informed, could come to, or has been arrived at by the authority misdirecting itself by adopting a wrong approach, or has been influenced by irrelevant or extraneous matters the court would be justified in interfering with the same.”

Air India Ltd. v. Cochin International Airport Ltd. & Ors., AIR 2000 SC 801, the Supreme Court explaining the scope of judicial review held that the court must act with great caution and should exercise such power only in furtherance to public interest and not merely on the making out of a legal point. The court must always keep the larger public interest in mind in order to decide whether its intervention is called for or not.


On Re-appreciating the evidence, The court held:

“The court must keep in mind that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an appellate authority. Thus, the court is devoid of the power to re-appreciate the evidence and come to its own conclusion on the proof of a particular charge, as the scope of judicial review is limited to the process of making the decision and not against the decision itself and in such a situation the court cannot arrive on its own independent finding.[Para 17]

The court also held:

“..where there is evidence of malpractice, gross irregularity or illegality, interference is permissible”.

The court also noted following case laws:

High Court of Judicature at Bombay through its Registrar v. Udaysingh s/o Ganpatrao Naik Nimbalkar & Ors., AIR 1997 SC 2286

Government of Andhra Pradesh & Ors. v. Mohd. Nasrullah Khan, AIR 2006 SC 1214

Union of India & Ors. v. Manab Kumar Guha, (2011) 11 SCC 535

Krishan Yadav & Anr. v. State of Haryana & Ors., AIR 1994 SC 2166

Tata Cellular v. Union of India, AIR 1996 SC 11

People’s Union for Civil Liberties & Anr. v. Union of India & Ors., AIR 2004 SC 456

State of N.C.T. of Delhi & Anr. v. Sanjeev alias Bittoo, AIR 2005
SC 2080


On Interference to the quantum of punishment, the court held:

The question of interference on the quantum of punishment, has been considered by this Court in a catena of judgments, and it was held that if the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary, and thus, would violate the mandate of Article 14 of the Constitution”.[Para 18]

The role of the court in the matter of departmental proceedings is very limited and the court cannot substitute its own views or findings by replacing the findings arrived at by the authority on detailed appreciation of the evidence on record. In the matter of imposition of sentence, the scope for interference by the court is very limited and restricted to exceptional cases. The punishment imposed by the disciplinary authority or the appellate authority unless shocking to the conscience of the court, cannot be subjected to judicial review. The court has to record reasons as to why the punishment is disproportionate. Failure to give reasons amounts to denial of justice. The mere statement that it is disproportionate would not suffice”. [Para 22]

The court also referred following case laws:

Ranjit Thakur v. Union of India & Ors., AIR 1987 SC 2386, the SC observed as under:

“But the sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. The doctrine of proportionality, as part of the concept of judicial review, would ensure that even on the aspect, which is otherwise, within the exclusive province of the Court Martial, if the decision of the Court even as to sentence is an outrageous defiance of logic, then the sentence would not be immune from correction.

B.C. Chaturvedi v. Union of India & Ors., AIR 1996 SC 484, the Supreme Court after examining various its earlier decisions observed that in exercise of the powers of judicial review, the court cannot “normally” substitute its own conclusion or penalty. However, if the penalty imposed by an authority “shocks the conscience” of the court, it would appropriately mould the relief either directing the authority to reconsider the penalty imposed and in exceptional and rare cases, in order to shorten the litigation, itself, impose appropriate punishment with cogent reasons in support thereof. While examining the issue of proportionality, court can also consider the circumstances under which the misconduct was committed. In a given case, the prevailing circumstances might have forced the accused to act in a certain manner though he had not intended to do so. The court may further examine the effect, if the order is set aside or substituted by some other penalty. However, it is only in very rare cases that the court might, to shorten the litigation, think of substituting its own view as to the quantum of punishment in place of punishment awarded by the Competent Authority.

V. Ramana v. A.P.S.R.T.C. & Ors., AIR 2005 SC 3417, The Supreme Court considered the scope of judicial review as to the quantum of punishment is permissible only if it is found that it is not commensurate with the gravity of the charges and if the court comes to the conclusion that the scope of judicial review as to the quantum of punishment is permissible only if it is found to be “shocking to the conscience of the Court, in the sense that it was in defiance of logic or moral standards.” In a normal course, if the punishment imposed is shockingly disproportionate, it would be appropriate to direct the Disciplinary Authority to reconsider the penalty imposed. However, in order to shorten the litigation, in exceptional and rare cases, the Court itself can impose appropriate punishment by recording cogent reasons in support thereof.

State of Meghalaya & Ors. v. Mecken Singh N. Marak, AIR 2008 SC 2862, the Supreme Court observed that a Court or a Tribunal while dealing with the quantum of punishment has to record reasons as to why it is felt that the punishment is not commensurate with the proved charges. In the matter of imposition of sentence, the scope for interference is very limited and restricted to exceptional cases. The punishment imposed by the disciplinary authority or the appellate authority unless shocks the conscience of the court, cannot be subjected to judicial review.

The court also noted following cases:

Depot Manager, A.P.S.R.T.C. v. P. Jayaram Reddy, (2009) 2 SCC 681

Union of India & Anr. v. G. Ganayutham (dead by Lrs.), AIR 1997 SC 3387
State of Uttar Pradesh & Ors. v. J.P. Saraswat, (2011) 4 SCC 545

Chandra Kumar Chopra v. Union of India & Ors., (2012) 6 SCC 369

Registrar General, Patna High Court v. Pandey Gajendra Prasad & Ors., AIR 2012 SC 2319

Union of India & Ors. v. Bodupalli Gopalaswami, (2011) 13 SCC 553

Sanjay Kumar Singh v. Union of India & Ors., AIR 2012 SC 1783


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