FIRST LAW

SUPREME COURT OF INDIA | L. Nageswara Rao & Hemant Gupta, JJ. Secretary Managing Committee BSMPG College Roorkee v. Samrat Sharma, C.A. 6189 of 2019 08-08-2019 Service Law - University - Departmental Enquiry - Judicial Review - It is the decision making process and not the decision itself which can be the subject matter of judicial review. Interference by the courts can only be in cases where there is no evidence. Sufficiency of evidence for proof of the charges against delinquent officers is completely within the domain of the administrative authority. Courts cannot re-appreciate the evidence to come to a different conclusion. Interference with the penalty imposed on delinquent officers is permissible only when it shocks the conscience of the court. The High Court committed an error in reappreciating evidence in coming to the conclusion that the charges against Respondent No.1 were not established. It is well settled law that it is the decision making process...

Judicial Review - Legitimate expectation is one of the grounds of judicial review but unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right.