Wednesday, January 27, 2021

Administrative Law case law and judgments Part-II

Administrative Law case law and judgments Part-II: Our Legal World

Administrative law is the law that governs the administrative actions. According to Ivor Jennings– the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities.

11. Express Newspapers Pvt. Ltd v. UOI AIR1986 SC 515

The apex court, in this case, applied the rule of Malafide and doctrine of promissory estoppel; that Express Newspaper was served with notices of re-entry upon forfeiture of the lease of land granted to them on which the lessee has raised the buildings for printing and publishing the newspapers. The Supreme Court pointed out:-

  • The imposition of a duty on newspaper print amount of tax on knowledge.
  • “Right to Know” principal involved.
  • The doctrine of promissory estoppels was used to prevent the government form quashing the action of the Minister for approval of a lease as it was within the scope of his authority to grant such permission.

12. State of Bombay v. K.P Krishnan 1961

Relevant and irrelevant considerations

  • Industrial dispute- MAH govt refused to refer
  • A petition under Section 226
  • The government directed in a punitive fashion and this was contrary to the spirit of the statute to stifle and investigate the dispute.

13. Nandlal Kodidas Barot v. BC of Gujarat 1981

Application of mind

  • On forwarding a case to disciplinary committee, the council can not act mechanically. It must apply its mind
  • Resolution was passed in a routine manner without forming an opinion that there was a primafacie case.
  • Reference is invalid.

14. Bharat Petroleum Corporation Ltd v. Maharashtra Genl.Kamgar Union & Ors 1999

The basic principle is that an employee has no right to representation in the departmental proceedings by another person or lawyer unless the service rules specifically provides for the same. The right to representation available only to the extent specifically provided for in the rules.

15. H L Trehran v. UOI

Post decisional hearing

In K.I.Shephard V/S UOI certain employees of the amalgamated banks were excluded from employment. The Court allowing the writs held that post-decisional hearing, in this case, would not do justice. The court pointed ou that there is no justification to throw a person out of employment and then give him an opportunity if representation when the requirement is that he should be given an opportunity as a condition precedent to action.

The apex court observed that “In our opinion, the post delusional opportunity of hearing does not subserve the rules of natural justice. The authority who embarks upon a post-decisional hearing will normally proceed with a closed mind and there is hardly any chance of getting proper consideration of the representation at such a post decisional hearing.”

16. Amar Nath Chowdhary v Braithwaite & Co. Ltd 2002

Rule against bias-doctrine of necessity

  • The applicability of necessity was rejected. The appellant, an employee of the government undertaken company who was dismissed from service. The order of dismissal was passed by the Chairman-cum-MD of the company who was Disciplinary authority.
  • The appellant preferred an appeal against the order of his removal from service before the Board of Directors of the Company.
  • The decision set aside on the ground of bias.

17. Nandlal Khodidas Barot v. BC of Gujarat

18. G.N. Nayal v. Goa University 2002

Also Read: Landmark Judgments of Administrative Law: Part- I

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