Monday, May 13, 2019
Administrative Discretion Essay Example | Topics and Well Written Essays - 1000 words
Administrative Discretion - Essay ExampleSince the creation sector employees play a full of life role in the economic growth of a nation, every nation normally formulates special policies for preserving the interests of public employees. However, it seems that various organizational practices and other developments impinge on the worksite interests of public employees. With intent to discuss the issue, this paper go away cover the associated terms like administrative discretion, cyber security threats, and statutory protections for public employees. Administrative discretion In the legal context, the term discretion indicates the power to decide or act according to ones own judgment. Some legal corpses like US allow certain discretionary powers to administrative authorities. To illustrate, US law system has framed some broad limits within which an administrative situation can operate. For instance, a statute confers discretion if it is reasonable and is in public interest. To de fine, the administrative discretion is the expertness of professional expertise and judgment as opposed to strict adherence to conventions or statutes, in making a stopping point or performing official acts or duties (The Free Dictionary). In other words, when a legal system permits an administrative authority to practice discretion, it is called administrative discretion. ... Although, the law imposes certain regulations on the administrative authorities in exercising their discretionary powers, it is often seen that their functions are not in line with law requirements. To illustrate, majority of the authoritative persons mold their discretionary powers to safeguard their selfish interests rather than serving employees needs. Kannabiran (2009) points out The Air India v. Nergesh Meerza, A.I.R. (1981) S.C. 1829, a noteworthy Indian case related to wrongful practice of administrative discretion. At the time of the case, an air air hostess normal age of retirement was 35 years. However, a regulation of the corporation authorized the managing director to plus the air hostess retirement age up to 45 years. The regulation empowered the managing director to drill the provision of discretion on the account of his personal opinion rather than recording specific reasons pertaining to the decision. The regulation lacked specific guidelines and it reflected biased approach and discrimination in the practice of such discretion. In this case, the court held that it distinctly indicated a situation of official arbitrariness. Public employees are often affected by the adverse exercise of administrative discretion authority as they are largely employed under administrative agencies. An authority gets the freedom to take action when it is conferred with discretionary power. However, the court can take decisions only in respectfulness of legal validity of those taken actions. Therefore, this provision can be a serious threat to unmarried liberty especially, public em ployees liberty. Cyber security threats Hackers and spammers are the potential cyber security threats to public employees in this 21st century. In the opinion
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