Administrative Law - Tricky Question from Last Year's JAS Exam
admin judiciary intermediate pyq_discussionA government servant was removed from service on grounds of corruption, but the order of removal was passed after the retirement date of the servant. The service association moved to the High Court for quashing the order on the grounds that it was passed ex post facto. The High Court held that the order was valid as it was passed in good faith. The association appealed to the Supreme Court.
What was the correct approach of the High Court and what was the correct outcome of the case (with reasons)?
Can you guys tell me the approach and reasoning behind this? I am getting all confused in my notes.
2 Comments
"Bhai, yeh sawal last year JAS exam se hai. Administrative Law mein yeh ek tricky sawal ho sakta hai. Question: Kya administrative action ko judicial review ke liye court ke paas apne uplabdh hona chahiye? Answer: Nahi, administrative action judicial review ke liye court ke paas apne uplabdh nahi hote, lekin woh hi action jo fundamental rights ya constitutional powers ka khilaaf hon, uska judicial review court kar sakta hai.
Yaar, main toh agree nahin kar sakta. Iss question mein aapko lagta hai ki administrative law aapke pas hai, lekin main samajhta hoon ki yeh bhi judiciary ka khel hai. Administrative action ke liye judicial review aapko dekhana padta hai. Toh yeh sochne ki administrative law hi aapke pas hai, galat hai. Judiciary ka bhi haq hai action check karne ka.