RASHMI METALIKS LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is well settled that the power of judicial review is not intended for the Court to assume a supervisory role or don the robes of the omnipresent or to sit in appeal over the decisions of administrative bodies. The Writ Court ought not to transpose itself as an appellate authority when a particular authority has performed its obligation to abide by the specific directions given by this Court and rendered a decision in the matter supported with cogent reasons. The discretionary jurisdiction of this Court under Article 226 of the Constitution of India ought not to be invoked in such cases, unless of course, the decision so rendered by the concerned authority is palpably wrong or is arbitrary or perverse or smacks of mala fide motive or has been rendered without adhering to the specific directions given by the Court. A decision which is within the exclusive domain of an administrative authority is not liable to be interfered with in a petition under Article 226 of the Constitution of India. It is only when findings have been arrived at by ignoring or excluding relevant material or by taking into consideration irrelevant and inadmissible material or if the same outrageously defies logic and suffers from the vice of irrationality, the powers of judicial review can be exercised.

(2.) At the same time it needs to be appreciated that the word "consider", is of great significance. Its dictionary meaning of the same is, "to think over", "to regard as", or "deem to be". Hence, there is a clear connotation to the effect that, there must be active application of mind. In other words, the term "consider" postulates consideration of all relevant aspects of a matter. Thus, formation of opinion by an authority, should reflect intense application of mind with reference to the material available on record. The order of the authority itself, should reveal such application of mind.

(3.) Applying such legal proposition to the facts of this case it needs to be ascertained in the present appeal as to whether the order dated 17th November, 2016 passed by the learned Single Judge in WP 956 of 2014 is sustainable in law.