Courts concerned with decision-making process in judicial review proceedings: SC

Courts are concerned with the decision-making process, not the decision itself, in judicial review proceedings, the Supreme Court said on Wednesday.

A bench of Justices K M Joseph and P S Narsimha made this observation while dismissing an appeal filed by a police constable against the Punjab and Haryana high court order junking his plea seeking retrospective promotion.

The high court had dismissed his plea on the ground that such selection is not a matter of right.

“In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself,” the bench said.

The constable's grievance in the plea was that he should have been promoted in 2004 itself and the delay in appointing him in 2008 is illegal and arbitrary.

The appeal contended that the Inspector General of Police (IG) has no power to interfere with the recommendation of the Superintendent of Police, and IG does not act as the appellate authority.

The apex court said it can never be contended that mere recommendation of the SP at the initial stage is sufficient to claim a right for promotion.

The apex court said the contention of the petitioner is that the power of the IG is “not discretionary but mandatory” is also incorrect because rules clearly empower the IG to exercise the power of scrutiny and grant approval.

“The Single Judge as well as the Division Bench for good reasons refrained from going into the individual comparative merit,” the bench said.

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