Need to make the already implemented VRS flawless. The modus operandi of implemented VRS was giving the impression of compulsory retirement.

The Media has, of late, been doing a great job in exposing graft, politician- bureaucratic nexus, and failure of officialdom. Even the judiciary, while exercising restraint in not interfering with the executive, should take up a proactive role as they have been doing recently. But it has been largely restricted to higher judiciary, Even the lower judiciary should be given some power in this regard.

Certiorari also lies against judicial and quasi-judicial authorities - courts and tribunals -
and means 'to be informed'. When, for example, a tribunal acts without jurisdiction or in
excess of it and issues an illegal order, that order can be quashed by a writ of certiorari.
Such a writ may lie even against an administrative body affecting individual rights.
(Union of India v. Nambudri (1991) 2 VJSC 302).

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Equality of opportunity in matters of public employment.
The Right to Constitutional Remedies has been granted under article (a) 30 (b) 31 (c) 32 (d) 35
Article 32: Remedies for enforcement of rights conferred by this part have been included in the Article
----------------------------
While a circular of the Board will be binding upon an Assessing Officer in matters relating to the general interpretation of any provisions of the statute, the circulars cannot override judicial decisions rendered on the statute. Gee Industrial Syndicate Ltd., vs. CBDT, 166 ITR 88(Del). The executive instructions may supplement but not suppliant the rules-State of Maharashtra Vs. Jagannath Achyut Karandikar, AIR 1989, 1133 (SC). A circular does not bind an appellate authority, the Tribunal or Courts. However, circular can be used by courts as an external aid to interpret a provision of law-K.P. Varghese Vs. ITO 131 ITR 597 (Sc).

-----------------------SCJ-300--------------
PALURU RAMKRISHNAIAH & ORS. ETC.

Vs.

RESPONDENT:
UNION OF INDIA & ANR.

DATE OF JUDGMENT28/03/1989
Act:
Administrative Law: Executive instructions---cannot
override any provision of the Statutory Rules.
Civil Services: Indian Ordnance Factories (Recruitment
and Conditions of Service of Class III Personnel) Rules,
HELD: (1) An executive instruction could make a provi-
sion only with regard to a matter which was not covered by
the Rules and such executive instruction could not override
any provision of the Rule.
BENCH:
OJHA, N.D. (J)
BENCH:
OJHA, N.D. (J)
PATHAK, R.S. (CJ)
SHARMA, L.M. (J)

CITATION:
1990 AIR 166 1989 SCR (2) 92
1989 SCC (2) 541 JT 1989 (1) 595
1989 SCALE (1)830
----------------------------------------------SCJ-318--------------
PETITIONER:
STATE OF MAHARASHTRA

Vs.

RESPONDENT:
JAGANNATH ACHYUT KARANDIKAR

DATE OF JUDGMENT08/03/1989

BENCH:
SHETTY, K.J. (J)
BENCH:
SHETTY, K.J. (J)
SINGH, K.N. (J)

CITATION:
1989 AIR 1133 1989 SCR (1) 947
1989 SCC Supl. (1) 393 JT 1989 (1) 520
1989 SCALE (1)566
Act:
Circular dated Jan. 15,1962--Effect of--Vis-a-Vis--Statutory Rules.

The Circular dated January 15, 1962 is an executive
instruction whereas the 1955 Rules are statutory since
framed under the proviso to Art. 309 of the Constitution.
The Government could not have restricted the operation of
the Statutory Rules by issuing the executive instruction.
The executive instruction may supplement but cannot supplant
the statutory rules.
It would be unjust, unreasonable and
arbitrary to penalise a person for the default of the Government.
The Court need not have to reflect upon the Rules of
interpretation since they are well settled. They are now
like the habits of driving which have become ingrained. They
come for assistance by instinct. The different rules have to
be used meticulously to give effect to the scheme as the
clutch, brake and accelerator are used for smooth driving.
These rules are to be harmoniously construed.