Can an executive authority render an operative judicial direction ineffective by taking an administrative decision inconsistent with it?
Coram: Justice Aravind Kumar · Justice Vipul M. Pancholi
An executive authority cannot render an operative judicial direction ineffective by taking an administrative decision inconsistent with it.
No. An order of a constitutional court, for so long as it remains operative, binds the parties to the proceeding; if compliance is considered impossible or contrary to the governing service rules, the course available is to seek clarification, modification or stay of the judicial direction before the competent court, not to act inconsistently with it.
Constitution of India, 1950 — Art.14 — Administrative discretion — Judicial review — Timely consideration — Service matter — Deputation — Foreign travel — Constitution of India, 1950 — Art.14 — Administrative discretion — Right to timely consideration — Held: An absolute right to deputation or travel permission is not a precondition — the employee retains a right to fair, reasonable and timely consideration of the request. Article 14 governs administrative discretion as much as a statutory decision. (¶21, 22) Constitution of India, 1950 — Art.14 — Time-sensitive request — Delay defeats purpose — Held further: A later administrative order cannot retrospectively cure an earlier failure to decide a time-sensitive request; where the opportunity has already passed, delay itself defeats the very purpose for which the power exists. (¶24) Constitution of India, 1950 — Art.14 — Operative judicial direction — Executive compliance — Held further: An executive authority cannot render an operative judicial direction ineffective by taking an inconsistent administrative decision; if compliance is considered impossible, the remedy is to seek modification or stay from the court itself. (¶25) Constitution of India, 1950 — Art.226 — Writ proceeding — Collateral service findings — Held further: Observations on matters not in issue in a writ proceeding — appointment validity, qualification or service conduct — cannot prejudice independent disciplinary proceedings; appeal allowed, the denial order set aside and timely relieving/NOC directed. (¶30, 34, 35, 36)
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