AIR 2000 SUPREME COURT 3689 ::2000 AIR SCW 4361 ::2001 LAB. I. C. 304 ::(2000) AllCriC 263 ::(2000) 27 AllCriR 823 ::2001 SCC (L&S) 1039 ::2001 (2) SCC 386 ::(2000) 7 Scale 524 ::(2000) 2 All WC 1420 ::2001 (1) ESC 15 ::(2002) 3 Lab LN 64 ::(2001) 1 SCT 214 ::2001 (1) ServLR 299 ::2001 (4) LRI 1049 ::2000 (8) Supreme 217 ::2000 (3) JT (Supp) 92 ::2000 (10) SRJ 285

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): M. Jagannadha Rao, U. C. Banerjee , JJ

(A) Constitution of India , Art.226— Judicial review - Disciplinary matters - Quantum of punishment - Courts play secondary role - Interference limited to Wednesbury principles. Administrative Law - Quantum of punishment imposed by Disciplinary Authority - Judicial review - Limited only to Wednesbury principle. (Para 24) (B) Administrative Law - Wednesbury principle and principle of proportionality - Explained. When a statute gave discretion to an Administrator to take a decision, the scope of judicial review would remain limited. Interference was not permissible unless one or other of the following conditions were satisfied, namely the order was contrary to law, or relevant factors were not considered, or irrelevant factors were considered; or the decision was one which no reasonable person could have taken. These principles known as Wednesbury principles were consistently followed in UK and in India to judge the validity of administrative action. It is equally well known that in 1983 Lord Diplock in Council for Civil Services Union v. Minister of Civil Service, 1983 (1) AC 768 (called the GCHQ case) summarised the principles of judicial review of administrative action as based upon one or other of the following - viz. illegality, pr....