Assam Rifles Manual Power
Chapter VIII Rule 24—Discharge order passed on the basis of four red-ink entries—Single Judge set aside the discharge order and remitted the matter to the concerned authorities—Division Bench allowed the appeal in favour of respondent—Appeal—Regulation 107 of the Assam Rifles Regulation describe the procedure for dismissal/discharge of unsuitable subordinate officer—Having regard to the nature of misconduct alleged against the appellant ends of justice would be met if the order of discharge is set aside and appellant be treated to have been in service till the time – he could be said to have completed the qualifying service for grant of pension—Order of discharge is set aside—Appeal allowed.
[Paras 5, 28, 29, 39 & 40]
Constitution of India, 1950
Article 13—Judicial review—When permissible—The action based on the subjective opinion or satisfaction can judicially be reviewed to find out the existence of the facts and circumstances on the basis of which the authority is alleged to have formed the opinion—Where there are no reasonable grounds for the formation of the authority’s opinion, judicial review in such a case is permissible.
[Paras 29 & 30]
Interpretation—Where an Act or the statutory rules framed thereunder left an action dependent upon the opinion of the authority concerned, by some such expression as “is satisfied” or “is of the opinion” or “if it has reason to believe” or “if it considered necessary”, the opinion of the authority is conclusive, (a) if the procedure prescribed by the Act or Rules for formation of the opinion was duly followed, (b) if the authority acted bona fide, (c) if the authority itself formed the opinion and did not borrow the opinion of somebody else and (d) if the authority did not proceed on a fundamental misconception of the law and the matter in regard to which the opinion had to be formed.
[Para 28]
Decision : Appeal allowed