Ak Kraipak Vrs Union of India a Case Study

1602 Words Nov 30th, 2012 7 Pages
| 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
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The word ‘adjudge’ the meaning of which is ‘to judge or decide’ indicates that the power conferred on the selection board was a quasi-judicial power. It was contended on their behalf that such a power is a judicial power not an administrative one and it has to be exercised in accordance with the well accepted Rules of Natural Justice, the violation of which has been rightly claimed. Naquishbund, being a candidate for Indian Forest Service cannot be an adjudicator of the same.
On the other hand, the learned Attorney General on behalf of the respondents argued that the power exercised by the selection board is not a quasi-judicial power but an administrative power. To support this contention, it was further admitted that the proceedings before the selection board were not quasi-judicial because the board was not required to decide about any ‘right’. The duty of the board was merely to select officers who in its opinion were suitable for Indian Forest Service. He interpreted the word ‘adjudge’ as being ‘found worthy of selection’.
It was also contended by the learned Attorney General that after all the selection board was only a recommendatory body. Its recommendations had first to be perused by the Home Ministry and then by the U.P.S.C. The final recommendations were made by the U.P.S.C. Therefore, grievances of the petitioners have no real basis. Keeping in mind the validity of the administrative actions taken, all that has to be seen is whether the final decision is

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