Ak Kraipak Vrs Union of India a Case Study
| ASSIGNMENT ON | A.K KRAIPAK vs UNION OF INDIA | (A Case Study) | | |
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AN ANALYSIS OF THE CASE OF A.K KRAIPAK VS UNION OF INDIA :
INTRODUCTION:
Kraipak vs Union of india is regarded as an epoch making decision as it demolishes the artificial and conceptualistic distinction between administrative and quasi judicial function as well as delinked natural justice from quasi judicial. In this case the court asserted that natural justice could be applied to the so called administrative function as well, for the rules of natural justice aim at securing justice, or to prevent miscarriage of justice, and the basic aim is to arrived at a just decision.kraipak’s case had a profound impact on the growth of administrative law in india. The liberal judicial trend in favour of applying natural justice got strengthened as a result of the kraipak’s decision.
Facts of the case :
In 1966, a service called The Indian Forest Service was constituted, the selection for which was to be made from among the officers serving in the forest department of the state. Section 3 of the All India Services Act, 1951 provides that the Central Government shall after consulting the Government of the States concerned to make rules for the regulation of recruitment and the conditions of the service of persons appointed to those All India Services.In pursuance of the power given under Section 3, Indian Forest Service (Recruitment) Rules, 1966 were made. The Rule 4(1) of the above mentioned Rules empowers the Central Government to recruit to the service any person from amongst the members of the State Forest Service adjudged suitable in accordance with such regulations as the Central Government may make in consultation with State Governments and the Commission.”
Now the regulation 3 of Indian Forest Service
|
AN ANALYSIS OF THE CASE OF A.K KRAIPAK VS UNION OF INDIA :
INTRODUCTION:
Kraipak vs Union of india is regarded as an epoch making decision as it demolishes the artificial and conceptualistic distinction between administrative and quasi judicial function as well as delinked natural justice from quasi judicial. In this case the court asserted that natural justice could be applied to the so called administrative function as well, for the rules of natural justice aim at securing justice, or to prevent miscarriage of justice, and the basic aim is to arrived at a just decision.kraipak’s case had a profound impact on the growth of administrative law in india. The liberal judicial trend in favour of applying natural justice got strengthened as a result of the kraipak’s decision.
Facts of the case :
In 1966, a service called The Indian Forest Service was constituted, the selection for which was to be made from among the officers serving in the forest department of the state. Section 3 of the All India Services Act, 1951 provides that the Central Government shall after consulting the Government of the States concerned to make rules for the regulation of recruitment and the conditions of the service of persons appointed to those All India Services.In pursuance of the power given under Section 3, Indian Forest Service (Recruitment) Rules, 1966 were made. The Rule 4(1) of the above mentioned Rules empowers the Central Government to recruit to the service any person from amongst the members of the State Forest Service adjudged suitable in accordance with such regulations as the Central Government may make in consultation with State Governments and the Commission.”
Now the regulation 3 of Indian Forest Service