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Sunday, March 22, 2020

File notings are not decisions

Union of India v. Ashok Kumar Aggarwal, (2013) 16 SCC 147 : (2014) 3 SCC (L&S) 405 : 2013 SCC OnLine SC 1031 at page 166

37. In Jasbir Singh Chhabra v. State of Punjab [(2010) 4 SCC 192] , this Court held: (SCC p. 209, para 35)

35. … However, the final decision is required to be taken by the designated authority keeping in view the larger public interest. The notings recorded in the files cannot be made basis for recording a finding that the ultimate decision taken by the Government is tainted by mala fides or is influenced by extraneous considerations.”

 

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