A.K KRAIPAK vs UNION OF INDIA|
(A Case Study)| |
AN ANALYSIS OF THE CASE OF A.K KRAIPAK VS UNION OF INDIA :
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 (Initial Recruitment) Regulations, 1956 framed under Rule 4(1) of the Indian Forest Service (Recruitment) Rules, 1966 provided for the Constitution of a Special Selection Board consisting of: 1. The Chairman of UPSC or his nominee.
2. Inspector General of Forests of the Government of India.
3. Joint Secretary. UOI.
4. Chief Secretary of the concerned State Government.
5. Chief Conservator of Forest of the concerned State Government.
The selection Board was to be headed by the Chief Conservator of the Forest of the State while the final selections were to be made by the Union Public Service Commission (U.P.S.C). In the State of Jammu and Kashmir, a Naquishbund was appointed as the acting Chief Conservator of forest and was olso a member of the selection board for recommending the names of officers for All India Forest Service was formed, The Board recommended the names of the persons including Naquishbund. The selections as finally made by the board were accepted by the Commission. On the basis of the recommendations of the Commission, the impugned list was published. Even After review Basu, Baig and Kaulwho were supersede by naquishbund for chief conservator of forest were not selected. It must be noted that Naquishbund was also one of the candidates for All India Forest Service. Though he did not sit in the selection board at the time his name was considered for selection but he did sit in the board when the names of Basu, Baig and Kaul were considered for selection and was also involved while preparing the list of selected candidates . Aggrieved, The Gazetted Officers Association, brought a petition to the Court challenging that the selections in question were made in contravention of the Principles of Natural Justice.
Arguments Advanced :
The petitioners as well as the respondents raised arguments with respect to the nature of the power conferred on the selection board. The petitioners contended that Rule 4 as well as...