CCS Rules & Principles of Natural justice
II. Mala
fide exercise of administrative powers - Contrary to natural justice
State
action must be based on valid relevant principles applicable alike to all
similarly situated and it must not be guided by any extraneous or irrelevant
consideration because that would be denial of equality. Where the operative
reason for State action, as distinguished from motive inducing from the antechamber
of the mind, is not legitimate and relevant but is extraneous and outside the
area of permissible considerations, it would amount to mala fide exercise of
power and that is hit by Art. 14 and 16. Mala fide exercise of power and
arbitrariness are different lethal radiations emanating from the same vice; in
fact the later comprehends the former. Both are inhibited by Art 14 and 16 of
the Constitution.
[E.P.
Royappa v. State of Tamil Nadu, and another, AIR 1974 SC 555.]
III. Colourable
exercise of powers - Contrary to natural justice
When
an authority acts from some improper motive or ulterior consideration, under
the colour of exercising statutory power, his act is said to have been done in
the colourable exercise of power.
Thus,
for example, the services of a Government servant may be terminated by a simple
order of termination in the exercise of statutory, power, but if the intention
is something else, i.e. imposing punishment of removal from service in the
guise of a simple order it would be a colourable exercise of power.
When,
therefore, a Government servant alleges that the order of compulsory retirement
before the age of superannuation, especially during the pendency of
disciplinary proceedings is mala fide and violative of service rules, it is
sufficient for the Court to make out a prima facie case for the issue of Rule
nisi.
[S.
C. Sen v. State of W.B., 1968 Lab IC 731 (Cal.)]
IV. Perverse
Finding - Contrary to natural justice
A
perverse finding is a finding which is not supported by evidence and is impelled
by arbitrariness or prejudice. If a finding of the Inquiry Officer
is one which is not supported by evidence or is such that no rational or
reasonable man can demonstrably reach on the evidence, it will be set aside on
the ground that it is perverse.
[Central
Bank of India v. P.C. Jain, 1969 II LLJ 377]
Where,
in arriving at his findings, the Inquiry Officer has excluded materials which
are relevant and/or taken into consideration materials which are irrelevant
and/or based his findings on conjectures, surmises or suspicion, the findings
will be held to be perverse.
[A.J.
Vaswani v. Union of India 1983 II LLJ 122]
Sir
ReplyDeleteMala fide exercise of administrative powers,Colourable exercise of powers and Perverse finding with judgements
quoted interesting to read🙏