Judicial review can extend to departmental proceedings -- SC
PRESS TRUST OF INDIA

NEW DELHI, OCT 25: In a judgement that would protect lakhs of government employees from harassment, the Supreme Court has extended court's jurisdiction by ruling that availability of judicial review, even in case of departmental proceedings, cannot be doubted.

``Judicial review of administrative action is feasible and the same has its application to its fullest in even departmental proceedings where it is found that the recorded findings are based on no evidence or the findings are totally perverse or legally untenable,'' a division bench said.

Upholding an Allahabad High Court order quashing departmental inquiry findings against an officer of Kumaon Vikas Mandal Nigam, the bench comprising Justice G.B. Pattanaik and Justice Umesh Chandra Banerjee said doctrine of principles of natural justice was an integral part of administrative jurisprudence of this country.

Proceedings were held against the officer without serving the documents which showed irregularities committed by him and he was given no chance to defend himself in the proceedings.

Referring to the case, Justice Banerjee, writing the judgement for the bench, said:``The entire chain of events smacks of some personal clash and adoption of a method unknown to law in hottest haste.''

The bench said it was a fundamental requirement of law that the doctrine of natural justice be complied with and the same has, as a matter of fact, turned out to be an integral part of administrative jurisprudence of this country.

``The Judicial process itself embraces a fair and reasonable opportunity to defend though, however, we may hasten to add that the same is dependent upon the facts and circumstances of each individual case,'' it said.

Referring to the 60-page report against the officer sent to the managing director of Nigam, recording therein that charges against him stood proved, Justice Banerjee asked a series of questions on the basis, evidence and records on which such a conclusion was reached by the inquiry officer.

``If the records have been considered, the immediate necessity would be to consider as to who is the person who has produced the same and the next issue could be as regards the nature of the records -- unfortunately, there is not a whisper in the rather longish report,'' the Judge observed.

The bench said: ``The high court answers it as miscarriage of justice and we do lend our concurrence therewith. The whole issue has been dealt with in such a way that it cannot but be termed to be totally devoid of any justifiable reason.''

Limitation for election petition excludes date of declaration
New Delhi, Oct 25: The Supreme Court has ruled that the 45-day limitation period to challenge an election result -- by an elector or a returned candidate under the Representation of the People Act -- excludes the date of declaration of the result.

This ruling was delivered by a three-judge bench of Chief Justice A.S Anand, Justice R.C. Lahoti and Justice K.G. Balakrishnan while deciding a limited question whether the limitation period to challenge an election includes the date of declaration of the result.

The issue, which often comes under challenge after elections, came before the apex court in an appeal filed by Madhya Pradesh MLA Tarun Prasad Chattarjee who contended that the state high court had erred in accepting a petition filed by returned candidate Dinanath Sahrama challenging his election just 45 days after the result was declared.

``The first day for the period of limitation is required to be excluded for the convenience of the parties and if the declaration of the result is delayed or is made late in the night, the candidate or the elector would hardly get any time for presentation of the election petition,'' the bench ruled while dismissing the appeal.

``The law comes to the rescue of such parties to give full 45 days for filing the election petition,'' the bench said, making it clear that ``any petition presented on the date of election of the returned candidate would be certainly within the period of limitation as it is a presentation on the date of election of the returned candidate.''

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