Ashok Kumar's Case - An Instance of Judicial Retreat
By
C. S. S. Prasad
Introduction
A judgment of considerable importance in the field of principles of Natural justice and fair play was pronounced by Supreme Court in Ashok Kumar Yadav v. State of Haryana, AIR 1987 SC 454 : 1986 Lab IC 1417.
State in its quest to usher in welfarism expanded its controls through multifarious activities and delimitation of individual rights which in the absence of adequate safeguards assume the colour of arbitrariness and defeat the ultimate object of bestowal of power. Subjection of populace to the expansive executive governance resulted in the assumption of activist role by justices in extending the frontiers of the principles of Natural justice to keep the agencies in reasonable confines and to safeguard individual interests.
The Judgment of Supreme Court in Ashok Kumar's case, (AIR 1987 SC 454 : 1986 Lab IC 1417), is a deviation from this Golden path.
Brief Facts
In ....