2015 (10) TMI 2145

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....That the matter has not appeared on board thereafter does not mean that this Court's direction is in anyway modified or diluted leave alone vacated or set aside. No endeavour has been made to seek an extension and for passing an order or taking a decision in terms of the order of this Court referred above. When this Court passes such orders and issues such directions it expects the competent authority to take a decision and which decision must be an order assigning reasons. It is trite that no order of the Government can be said to be such and partaking the nature of a binding direction unless it is made in accordance with the business Rules and duly communicated. No compliance is reported of this Court's order till date, save and e....

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.... authorities and officials must be carried out subject to the Constitution and within the limits set by the law, i.e., constitutionalism. In other words, the State is to obey the law. The more the administrative action in our welfare State expands widely touching the individuals, the more is the scope of judicial review of State action, Judicial review of administrative action is, therefore, an essential part of rule of law. The judicial control on administrative action, thus, affords the Courts to determine not only the constitutionality of the law but also the procedural part of administrative action as a part of judicial review. The Constitution has devised permanent bureaucracy as part of the political executive. By operation of Art. 53....

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....ce of the rule of law. 4. The Constitutional Courts exercise their power of judicial review with constraint to ensure that the authorities on whom the power is entrusted under the rule of law or confided, is discharged truely, objectively, expeditiously for the purpose for which substantive acts/results are intended. The petitioner being a member of the permanent executive, is enjoined to comply with the orders of the Court passed in exercise of the judicial review. On an earlier occasion, while disposing of the writ petition, the High Court had directed the respondent to consider the case of the writ petitioner and to dispose it of with reasoned order within two months. Obviously, the High Court expected that the authorities would disch....

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....ess, none would own personal responsibility and decisions are leisurely taken at various levels. It is not uncommon that delay would be deliberately caused to confer advantage to the opposite litigant; more so when stakes involved are high or persons are well connected/influential or due to obvious considerations. The Courts, therefore, do not adopt strict standard of proof of every day's delay. The imposition of costs on officers for filing appeals causes public injustice and gives the manipulators an opportunity to compound the camouflage. Secondly, the imposition of costs personally against the officers will be counter-productive and officers would desist to pursue genuine cases of public benefit or importance or of far-reaching effe....