J. NEHRU Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeks to assail the order dated 10.09.2010 passed by the respondent, i.e., the Union of India, Ministry of Chemicals and Fertilizers, Department of Fertilizers.

(2.) It is the petitioner's case that the directions of the court were not complied with: as the material, which was the basis of the impugned order (i.e., order dated 28.04.2006), was not supplied - the hearing given, was thus, a mere formality; and that documents received by the petitioner by taking recourse to the statutory route provided under the Right to Information Act, 2005 (in short RTI Act), had revealed that the decision was premeditated. In this behalf the petitioner specifically sought to rely upon the report of the Dy. Secretary, DOF, GOI dated 10.08.2010.

(3.) The petitioner, has also assailed the impugned order and the conclusion of the Standing Committee on merits, which in my view, this court need not examine as, while exercising jurisdiction under Article 226 of the Constitution, in my opinion, the court should confine its scrutiny to the decision making process and not the decision itself unless the conclusions arrived at are bereft of any base material. I would, however, briefly touch upon the same if I am otherwise persuaded that principles of natural justice have been breached, as alleged, to show what could have perhaps been argued by the petitioner in defence.