Courts not to interfere with administrative act: SC

New Delhi, Oct 26 (UNI) The Supreme Court, considerably narrowing down the scope of judicial intervention in administrative action, has held that courts must not interfere with the administrative action unless it is shocking to the conscience of the court/tribunal.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta while setting aside the judgment of Madhya Pradesh High Court quashing the dismissal of a CRPF constable ordering reinstatement of the respondent Dwarka Parsad Tiwari, ruled,"To put it differently unless the punishment imposed by the Disciplinary Authority or the Appellate Authority shocks the conscience of the Court/Tribunal, there is no scope for interference. The high court's order, therefore reflects non-application of mind. The impugned order of the high court is set aside. The matter is remitted to the high court to re-hear the writ petition restricted to the question of quantum of punishment. The appeal filed by the respondent - Dwarka Parsad is without merit in view of the fact that his statement at different stages during the departmental proceedings indicates that he has accepted that he himself was responsible for the incident." Dwarka Parsad was posted as constable in Battalion no. F/74, CRPF at Platton Post, Jayanti Pura which was accomodated in a building on Batala Amritsar Road- a sensitive and terrorist infested area. On August 31,1989 the respondent fired one shot without orders and without any sufficient reason. A court of Inquiry was conducted and it was established that he alone was responsible for the firing in which he had sustained bullet injury in his abdomen. The Commandant was dismissed from service wef January 20,1990.

High Court set aside the dismissal order holding that the punishment was shockingly disproportionate to the misconduct without giving any reasons for the conclusion arrived at by the high court.

The Centre in its appeal pleaded before the apex court that Dwarka Parsad was a member of the disciplined force and he had committed serious misconduct.

UNI AKS/SC RP BS1752