Whether any Immunity from Disciplinary Proceedings While Exercising Quasi-Judicial Powers ?
By
G. P. Bhatia
Rule of Law and Duty to Act Fairly and Justly by all Authorities
Rule of law pervades the entire field of administration. Every organ of the State under our Constitution is regulated and controlled by the rule of law. The State is to discharge its duties in a fair and just manner. The powers, functions and authority of the State are discharge by the public functionaries or public authorities. Every authority, whether judicial, quasi-judicial or administrative, is duty bound to exercise the power, the way, these are expected to be exercised. He is duty bound to act justly, fairly and not arbitrarily and capriciously. The requirement of acting judicially in essence is nothing but a requirement to act justly, fairly, impartially, reasonably; and not arbitrarily and capriciously. The Supreme Court in ‘Keshav Mills Co. Ltd v. Union of India’, AIR 1973 SC 389 held that administrative authorities should act fairly, impartially and reasonably. The dut ....