1000 TIT BITS ON DISCIPLINE -77
269. Rules must be observed scrupulously
Rules are meant to be implemented strictly. Any wanton or deliberate deviation in their implementation must be curbed. Where the language of the rules is precise und unambiguous, even the courts of law have to follow the rule, e.g., the interpretation put on Rule 10(4) of the C.C.S. (C.C.A.) Rules, 1965 by the C.A.T. in N.V. Karwarkar v Administrator of Goa, [(1988)2 ATR 232] was held as artificial and impermissible by the Supreme Court [Nelson Motis v. Union of India, 1992 AIR SCW 23041 Again, no mandamus can be issued against the clear statutory provision
(LIC of India v. Asharamchandra Ambekar, (1994)2 SCC 718).
270. A Quasi-Judicial Act is partly judicial - an administrative act with judicial trappings.
In other words, where the authority competent to decide is not a Court of law, but is bound to act judicially by the Statute, then it is exercising a quasi-judicial function, although there are not two parties apart from the authority and the contest is between the authority proposing to do some act and the subject opposing it
(Province of Bombay v. Khushaldas, AIR 1950 SC 222].
271. Administrative vis-a-vis judicial functions.
Thus, in a judicial proceeding, there are bound to be at least two parties who have sharp differences about their legal rights on a particular point. But in the discharge of administrative functions, it is only the administrator who acts. There is no other party in the sense that no legal rights or disputes have to be settled. No doubt, even in exercise of administrative functions certain person or persons may be affected but they cannot be called as ‘parties' as the term is used in judicial parlance.
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