Does a subsequent administrative order retrospectively cure an earlier failure to act on a time-sensitive request where the relevant opportunity has already passed?
Coram: Justice Aravind Kumar · Justice Vipul M. Pancholi
A subsequent administrative order does not retrospectively cure an earlier failure to act on a time-sensitive request where the relevant opportunity has already passed.
No. Where the relevant opportunity has substantially or wholly passed, a decision rendered thereafter cannot invariably cure an earlier failure to act — in a time-sensitive matter, delay may itself defeat the very purpose for which administrative power is required to be exercised.
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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