Administrative Decision

Where public authorities set their face against the policy of a statute, and either declined to implement it or else attempted to frustrate it, the same would amount to an unlawful motive, and hence liable to judicial invalidation.

Administrative decision would not assume the character of a precedent to be followed but a judicial decision may assume such a character.

When such decision is rendered by an administrative authority it is essential that appropriate balance must be struck between adverse effects which decision may have on rights or interests of person concerned and purpose which authority is seeking to pursue, proportionately.

When such decision is rendered by an administrative authority it is essential that appropriate balance must be struck between adverse effects which decision may have on rights or interests of person concerned and purpose which authority is seeking to pursue, proportionately.

Administrative instructions cannot be applied retrospectively so as to nullify a completed process and matter, which is past and closed.

Government actions should be transparent, fair and based on certain healthy standards and norms.

State departments and public functionaries must act in accordance with law, rules and regulations applicable to them in fair and transparent discharge of their duties.

Administrative authority of the State has no power to pass an order affecting the rights of citizens in an arbitrary, whimsical, fanciful and subjective manner.

Aggrieved party could not be penalized for such omission.

Every policy must be just, bona tide and in the public interest.

Government functionaries are required to perform their functions fairly and transparently.

Unilateral termination of agreement or unequal treatment by State functionaries deprecated.

All actions of statutory functionaries would be required to have the backing of a contemporaneous law/rule on the subject.

Compliance of an illegal or incompetent direction/order by a subordinate officer could neither be justified on the plea of the same having been issued by a superior authority nor the same could be defended on the ground that non-compliance thereof would expose the subordinate officer to disciplinary action for defying the orders of superior authority.

Nobody should be penalized for inaction of public functionaries.

Public functionaries are duty bound to act justly, fairly, equitably, reasonably and without discrimination.

Administrative Authorities are free from observing the fetters and technicalities of judicial trial, because in, such-like matters they are not acting judicially, nevertheless their decisions are required to be based on relevant considerations and material and not on suspicion and speculation alone.

If law enjoins upon a particular functionary/Authority to exercise particular jurisdiction, the same should be exercised by the said functionary/Authority independently by application of its own mind

If any judicial/quasi-judicial or even administrative discretion is not exercised independently and on application of mind by the functionary/Authority who is enjoined under the law to exercise the discretion and if the proceeding is controlled or decision is dictated it amounts to non-exercise of jurisdiction by the functionary/Authority vested with jurisdiction and wrong exercise of jurisdiction by Authority not vested with jurisdiction

All such proceedings are always deemed to be invalid, nullity in law and of no legal effect

Where under a scheme of statute, something is required to be considered and decided in judicial/quasi-judicial proceedings then the matter should be decided accordingly, without any interference from any higher or superior authority or under any administrative instruction

Things should be done as they are required to be done or not at all.

Administrative Decision When law requires a thing to be done in a particular manner, it ought to be done in that manner or not at all.

Government could not be allowed to act arbitrarily or in deviation of rules which were meant to protect rights and interests of citizens.

Mere fact that publication of notification in official Gazette was delayed for a few years could not invalidate effect thereof, from the date from which same was issued

Failure/omission on the part of public functionaries could not make private person to suffer any harm or injury.

Essentials stated.

Where law requires performance of an act in a particular manner to take legal effect affecting adversely valuable rights of any person or group of. persons, same was necessarily to be performed in that manner; and performance of same through all other modes would be deemed to have been either forbidden or if performed same would not have effect of giving legal efficacy to the act.

Administrative Decision Authority while passing orders in administrative matters must tollow rules and principles of justice and equity so that even person against whom order had been passed should not stamp such order as mala fide and result of bias or malice

Orders could not always be in favour of complainant, but if malice was imputed for procuring order which from circumstances seemed to be possible then unless same was explained or rebutted, it would be difficult to justify it.

Minister's speech would be of no importance till policies highlighted in such speech were given legal effect through notifications or instructions duly issued by Ministry concerned

No legal coverage having been given to policies announced by Minister concerned, same had not binding effect.

Minister's speech would be of no importance till policies highlighted in such speech were given legal effect through notifications or instructions duly issued by Ministry concerned

No legal coverage having been given to policies announced by Minister concerned, same had not binding effect.

Administrative Decision Government servant should comply wily with those orders/directions of his superior which were legal and within his competence

Compliance of illegal or an incompetent direction/order could neither be justified on the plea of same having been issued from superior authority nor same could be defended on Uri; ground that non-compliance thereof, could have exposed concerned Government servant to the risk of disciplinary action

Role of bureaucracy in the administrative set-up highlighted.

Policies and instructions issued from time to time by the Government could be equated with statutory Rules for they possess generality and cover large number of cases on the subject.

Administrative Decision Undertaking to appoint plaintiffs men as employee as a condition to his donating piece of land for carrying out Government project

Effect

Government appointments should always be made on basis of merit considering it as a sacred trust of public

Any deviation from the rules of appointment could result in chaos and as such no discipline could be maintained.

[Civil service].

Administrative Decision Public servants being paid from public exchequer, their sole purpose is to serve citizens and perform the duties provided in law of the land???Public servants were expected to apply their mind to requests and complaints of citizens and not to keep on waiting for feeding from subordinates who had their own objects in dealing with matters of citizens???High Court desired that while deciding administrative matters indifference should not be shown to grievances of citizens and subordinate officials should be controlled and made to work.

Administrative Decision No one should suffer on account of act of Authority who had to pass an order or who had to take some action.

Administrative Decision Functionaries of State while dealing with public at large, whether by way of giving jobs or entering into contracts or issuing quota or licences or granting State largess, are required to act reasonably, impartially and without any arbitrariness

Such functionaries are required to act strictly within the defined sphere of their powers.

Public functionaries are not supposed to fix a different standard and criteria for different persons in similar situation without change of circumstances.

[Natural justice, principles of J.

Public functionary vested with power in respect of determination of rights of a citizen qua the State resources is required to exercise the same fairly, and properly on- sound judicial principles, and keeping in view relevant considerations having logical nexus with the object of law and not arbitrarily and whimsically.

Public functionaries were required to perform their duties strictly within the four corners of law and the rules and regulations made thereunder.

Apparently Deputy Commissioners and Commissioners had monopolised and had been exercising self assumed authority in the matter of allotment of official houses

Judiciary ought to have representation and it must not suffer neglect on that score

All departments, in fact, should have a share in the pool, if owing to financial stringencies every Government department could not have a housing colony of its own.

Administrative Decision Public functionaries and statutory Bodies while dealing with subjects must act justly and fairly in accordance with law and they are bound to stand by their commitments

Failure of Public functionaries and statutory authorities to stand by their commitment, would result in undermining confidence of public in such bodies.

No one can suffer on account of the act of the Authority, who had to pass an order and who had taken some action which action was: illegal or without lawful authority

Person who had been wronged on account of such action of Authority was entitled to be restored to the same position as of right to the maximum possible extent, which he would have occupied but for the wrongful act of the Authority.

Where an Authority had been authorised to make some order under the rule of law, such Authority alone could exercise powers in question

Where anything was prescribed to be done in a particular way, it should be done accordingly or not at all

Order passed by any Authority other than the competent one, even though of a higher rank, would be a nullity in the eyes of law, more so, when such order was penal one.

Administrative Decision Whenever any Authority was given power to pass some order, it would exercise its authority independently by taking into consideration all relevant circumstances

Where Authority had made decision and issued order there under, under the extraneous influence, such order would be deemed to have been passed without jurisdiction.

Such type of attitude and acts of public functionaries create impression in the society that law Courts were helpless and that poor resource less people cannot get their grievances redressed through Courts of law

Public functionaries were expected to refrain from becoming a privy to evil designs of private persons for extraneous and illegal considerations

Copy of order of High Court was ordered to be sent to Secretary of the Department concerned, so that he should take necessary steps to ensure that such like acts do not recur with the help of functionaries of his department.

Checks and balances are a definitive norm of all civilized conduct; which must be discovered if not readily discoverable; they have to be evolved, if not invented.

Basic order was found to have been passed in illegal manner; all the orders following such illegal order would have to go with that basic order.

Administrative Decision Functionaries of State /Administrative agencies deriving powers from Constitution and laws of land were required to exercise their powers in a given case, after taking into consideration, relevant facts and circumstances of case within delimited area o?? their authority

Such functionaries in doing so, would be bound to decide matters by independent application of mind free from extraneous influences/dictation from outside agencies, howsoever high they might be.