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1981 Supreme(Del) 48

H.L.ANAND, S.S.CHADHA, AVADH BEHARI ROHATGI
SATISH CHANDRA KHANDELWAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Arun K.Sinha, C.L.CHAUDHRY, D.D.Chawla, GOPAL SUBRAMANIUM, H.N.SALVE, KAILASH VASUDEV, M.K.BANERJI, MAHESHVAR DAYAL, N.K.JAIN, P.N.PARIKH, SOLI J.SORABJI

( 51 ) THIRD. The statute provides no appeal from the decision of the Central Government. The Central Government under section 490 is not merely exercising a discretion : it is reviewing the action of another public body which itself has statutory powers, duties and functions. The Corporation is itself elected and is given specific powers by an Act of the central legislature. Judicial control cannot be a substitute for administrative or political control of the merits or expediency of official decisions. Nor are the judges responsible for the efficiency of the administration. But the courts ensure that the decisions made on political or other grounds conform io the law and that certain basic standards of fair. procedure are observed. In many-fields parliament has provided no right of appeal against administrative decisions. Nevertheless the superior courts exercise residual controlling power on such matters as vires, which are relevant to the legality of official decisions. (Wade and Philips Constitutional and Administrative Law 9th ed. p. 580 ). Therefore, with the merits of the governmental action under review we are not concemed. . We are concerned only with its legality. It is





























































































































































































































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