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TMI Blog1996 (9) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... 's Reign, Petrol and Patronage Flow Together . The solicitor general who was present in Court, took notice of the news item and stated that he would have the matter examined in the Ministry concerned and file an affidavit giving Ministry's response to the news item. The news item, inter alia, stated as under: Not only the relatives of most of the officials working for Captain Satish Sharma but even his own driver and the driver of his additional Private Secretary have been allotted a petrol pump and a gas agency respectively. The wives of two clerks and a stenographer in the Ministry have similarly been allotted petrol pumps. Some of these allotments have been made from the discretionary quota with the Petroleum Minister while others have been made through an ostensibly objective selection process undertaken by the Oil Selection Boards (OSBs).... A Mr. Poda Rajshekar, a relative of Mr. G. Gurusharan, Private Secretary to Captain Sharma has been allotted a petrol pump at Banjara Hills, Hyderabad out of the Minister's discretionary quota taking pity on the financial circumstances that the family finds itself in. Ms. Madhuri Safaya, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een allotted petrol pumps : Mr. K.L. Sharma (Member OSB, West Bengal), Mr. R.S. Nautiyal (Member OSB, Punjab), and Mr. Harbanslal Gupta (member OSB, Haryana). Two relations of Mrs. Satya Bahen (Member OSB, Haryana)were allotted a gas agency in Etah and a petrol pump at Itmadpur near Tundla, respectively. The son of a former Home Minister who is currently a Cabinet Minister; the son of a present Minister of State from the North East; the brother-in-law of former Janata Dal office-bearer and now a Congressman from Eastern UP; the of a Dalit leader who was with the late H.N. Bahuguna at one time and is now in the Congress; the son of a former Congress Councillor of the Municipal corporation of Delhi; the wife of an ex-Congress MP from the UP hills; the wife of a prominent Dalit leader in the Opposition and several political hacks from Amethi are among the hundreds who have been gifted petrol pumps or gas agencies during the tenure of Captain Satish Sharma as the Petroleum Minister. Mr. Vijay L. Kelkar, Secretary in the Ministry of Petroleum and Natural Gas, Government of India, filed affidavit dated October 9, 1995. The relevant part of the affidavit is as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n allotted a Petrol Pump,.... It is correct that the allottee, Shri Sarbjot Singh is the son of the said Shri Buta Singh. (ii) with reference to the allegation that the son of a present Minister of State from North-East, has been allotted a petrol pump,... It is correct that the said allottee is the son of a Minister namely, Shri K. Hollahan, in the State Government of Nagaland. B. ALLOTTEES SAID TO BE RELATED TO THE MEMBERS OF OSBs OR THE MEMBERS THEMSELVES. (i) With reference to the allegation that Shri Syed Shaukat Hasan Abidi is the son of Justice S.H. Abidi (retd.), who is the Chairman of the OSB for Uttar Pradesh.... Discretionary allotment was made in favour of the applicant in January, 1995. It is correct that the said allottee is the son of the said Chairman of OSB for U.P. (ii) With reference to the allegation that Shri Shiv Balak Passi is a member of the OSB for Madhya Pradesh and he is himself an allottee from discretionary quota,.... A discretionary allotment was sanctioned in his favour in December, 1994. It is correct that Shri Passi is a Member of the OSB for Madhya Pradesh. (iii) With reference to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver of the Minister. (ii) With reference to the allegation that Shri Poda Rajasekhar is a relative of Shri G. Gurucharan, Private Secretary to the Minister of State, it is stated that an application was made by Shri Rajasekhar in July, 1993,.... A retail Outlet Dealership for MS-HSD at Secunderabad was sanctioned to Shri Rajasekhar on compassionate grounds. It has been ascertained that the said allottee is a relative of the said Shri Gurucharan. (iii) With reference to the allegation that Ms. Madhuri Safaya is a relative of Shri B.N. Safaya, Additional Private Secretary to the Minister, to whom a Retail Outlet has been allotted,.... It has been ascertained that she is related to the said Shri B.N. Safaya. (iv) With reference to the allegation that Ms. Monica Malla is also related to Shri B.N. Safaya,.... A Retail Outlet was allotted to her in November, 1994 out of discretionary quota. It has been ascertained that the said Ms. Malla is related to the wife of Shri B.N. Safaya. (v) With reference to the allegation that the allottee, Mrs. Daya Rani, is the wife of Shri H.R. Verma, Personal Assistant to the Additional Private Secretary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I have examined the application carefully. The applicant is an unemployed graduate and a sportsman who participated in national level competitions. The applicant has not been able to get any gainful employment and is unable to support himself. The case deserves sympathetic consideration. Therefore, a Retail Outlet for MS-HSD in the National Capital Territory of Delhi is allotted to Shri Sarbjot Singh r/o 16, Ashok Road, New Delhi. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State Thereafter, the matter was processed in the office and in one of the notes by an officer of the Ministry it was mentioned that the allottee is son of Shri Buta Singh, Minister of Civil Supplies . No one took notice of this fact and the allotment order was issued. 4. In all the cases discussed hereinafter the pattern of allotment and the method and procedure followed was the same as in Sarbjot Singh's case. 5. Benjamin K. Hollohon stated in his application that he was an educated unemployed youth and also active party worker in the area. He belonged to scheduled tribe from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Necessary orders may be issued accordingly. Sd/ (Capt. Satish Sharma) Minister of State Syed Hasan Shaukat abidi stated in his application as under: Respectfully I beg to state that I was born at Allahabad, Uttar Pradesh on 20th December, 1965. I have passed B.Sc. and completed my Master's in Business Administration (specialisation in Marketing). In spite of my best efforts. I have not been able to get a suitable employment. I have no other source of income and am entirely dependent on my aged parents for survival. My inability to find employment and settle down is causing anxiety to my parents. Hence, I would most humbly request you Sir, to grant me a petrol pump at Fatehpur (80 Km. Mile Stone) in Uttar Pradesh. The Minister passed the following order: Office of the Minister of State (P NG) ************ Placed below is an application of Shri Syed Hasan Shaukat Abidi for allotment of a Retail Outlet for MS-HSD. The applicant has stated that he has completed his post Graduation in Business Administration and has not been able to find any suitable em ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for MS-HSDA at Rae Bareilley Lucknow Road, UP, is allotted to Shri Shiv Balak Passi, Ex-MLA, District Rae Bareilley, Uttar Pradesh. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State Mr. Kelkar's affidavit shows that Shiv Balak Passi himself is a member of the Oil Selection Board for Madhya Pradesh. 7. Pradeep Kumar, in his application stated that he was an unemployed young man from Scheduled Caste category with enterprise, initiative and determination and was very keen to make petrol pump dealership as his business. He indicated that he was appearing in B.A. (final). He further stated that his father has been an active congress worker since 1952 and has held many important positions in the organisation as well as on the executive side. The following order was made by the Minister: Office of the Minister of State (P NG) ********** Placed below is an application of Shri Pradeep Kumar for allotment of Retail Outlet for MS-HSD. The applicant has stated that he belongs to a Scheduled Caste Community and also an unemployed Und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that he was an active social worker and had been promoting the nationalist cause in the Valley due to which he and his family have been facing constant threats from the militants and extremists in the Valley. The Minister passed the following order on the application: Office of the Minister of State for (P NG) ************** Placed below is an application of Shri Ghulam Ahmad Mir for allotment of a Retail Outlet for MS-HSD. The applicant has stated that he is a graduate from Jammu and Kashmir, who has been forced to migrate from Kashmir as result of militant threats to his life. The applicant has also stated that he has no regular source of income for maintaining his family. Submitted for kind orders. Sd/- (G. Gurucharan) PS to MOS (P NG) 23/9 Minister I have examined the application carefully. The applicant is an unemployed graduate from Jammu Kashmir trying to settle in Delhi. The applicant is an active social worker espousing the nationalist cause for which reason he and his family have become a target of militants in the Valley. The applicant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19, Bhajanpura, Delhi. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State 10. While processing the Minister's order the office put up the following note: Ref. above Smt. Neena Nautiyal has furnished her bio-data vide pp 8-7/C wherein she has stated that her occupation is agriculture and her and her husband's income is 25,000 18,000 per annum respectively. In this connection it is stated that it happens from her bio-data that she is the wife of Sh. Ravi Sharan Nautiyal who is a member of OSB-Punjab. 2. In view of the above, file is put up for orders whether we may issue sanction to Oil Company for setting up a RO dealership in favour of Smt. Neena Nautiyal. The allotment letter dated 7th October, 1994 was issued to Neena Nautiyal. It is admitted in the affidavit of Mr. Kelkar that Neena Nautiyal is the wife of R.S. Nautiyal, Member, Oil Selection Board, Punjab. 11. Arun Kumar Gupta in his application stated that he passed BSc. in Production Engineering in the year 1970 and worked as Project Engineer in the Haryana State Cooperativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sd/- (S.K. SINGH) US(M.II)/6.12.93 Letter of intent was issued to Mr. Arun Kumar Gupta on December 9, 1993. Mr. Kelkar in his affidavit has stated that Arun Kumar Gupta is the son of Justice Harbans Lal Gupta (retd), who at that time was Chairman of the Oil Selection Board, Haryana. 12. Satya Bahin, Ex. Member of Parliament and member of the Oil Selection Board for Haryana recommended the application of Dharmesh Kumar for allotment of petrol pump. It was stated in the recommendation that Dharmesh Kumar's father died few years back, they are poor and his mother is suffering from Cancer. The Minister allotted the petrol pump by the following order: Office of the Minister of State (P NG) ********** Placed below is an application of Shri Dharmesh Kumar for allotment of a Retail Outlet for MS-HSD. The applicant has stated that he is an educated youth from Scheduled Tribe whose father had passed away while in Government service. The applicant has also stated his mother who had been trying to support her family is also afflicted by Cancer which has put the family in difficu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. B-412/A, Sector No. 19, NOIDA, UP. Orders may be issued accordingly. Sd/ (Capt. Satish Sharma) Minister of State The material on the file shows that the late husband of Leela Devi was a dismissed employee of Post and Telegraph Department. He had six sons and a house on Kalibari Marg. Late Husband of Leela Devi was living away from the family for 7-8 years prior to his death. Mr. Kelkar in his affidavit has stated that Leela Devi is the relative of the driver of the Minister. The affidavit filed by Leela Devi and the documents attached with the affidavit read with Kelkar's affidavit clearly show that Leela Devi is the mother of Nand Kishor who was working as driver of Capt. Satish Sharma. Mr. Kelkar in his affidavit has stated that Smt. Leela Devi happens to be a relative of the driver of the Minister . Least we can say is that Mr. Kelkar should have known that Leela Devi was Minister's driver's mother. 14. Poda Rajasekhar has, in his application, stated that he completed his B.Com in 1980 and in spite of his best efforts he could not settle in regular employment. His father was serving as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout a regular source of livelihood. Submitted for kind orders. Sd/- (G. Gurucharan) PS to MOS (P NG) 12.10 Minister I have examined the application carefully. The applicant is a young lady whose family has migrated from Kashmir and are dependent on their relatives for sustenance. The applicant has not been able to obtain a suitable job for herself and is without any regular source of income. The case deserves sympathetic consideration. Therefore, a Retail Outlet for MS-HSD in the National Capital Territory of Delhi is allotted to Ms. Madhuri Safaya r/o. B-6/1, Vasant Vihar, New Delhi. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State Mr. Kelkar has confirmed in his affidavit that Madhuri Safaya is related to B.N. Safaya, Addl. Private Secretary to the Minister. 16. Monika Malla in her application stated that her family was forced to leave Kashmir due to the militant activities. Her family had to dispose of the property at a loss and all the savings has already been spent. She has to sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (G. Gurucharan) PS to MOS (P NG) 10.10.94 Minister I have examined the application carefully. The applicant is a housewife whose family is facing difficult financial circumstances. The case deserves sympathetic consideration. Therefore, a Retail Outlet in the Union Territory of Delhi is allotted to Smt. Daya Rani w/o. Shri H.R. Verma r/o. C-183, Albert Square, Ramakrishna Ashram Marg, Gole Market, New Delhi. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State Shri S.K. Singh, Under Secretary, while processing the Minister's order noted on the file as under: Smt. Daya Rani, the allottee is the wife of Shri Hari Ram Verma who is working in this Ministry as an Assistant and presently posted to Minister's Office. His annual income from pay and allowances during 1993-94 is reported ₹ 52,925. However, the allottee has shown the annual income as ₹ 36,000 which is factually not correct. It seems that she has shown only the take-home pay after deductions. It is for consideration whether the sanction let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the Minister directly. None of the applications have been dealt with in any of the branches of the Ministry. There is nothing on the record to indicate that the Minister kept any criteria in view while making the allotments. How the applicants came to know about the availability of the petrol pumps is not known. No advertisement was made to invite the applications. There is nothing on the record to show that any other method inviting applications was adopted. There is no indication in the allotment-orders or anywhere in the record to show that the Minister kept any guidelines in view while making these allotments. The allotments have been made in a cloistered manner. The Petrol pumps - public property - have been doled out in a wholly arbitrary manner. This Court in Ramana Dayaram Shetty v. International Airport Authority of India and Ors. (1979)IILLJ217SC , held as under: It must, therefore, be taken to be the law that where the Government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, the Government cannot act arbitrarily at its sweet will and, like a private i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e wife of R.S. Nautiyal, who was member of Oil Selection Board, Punjab. Dharmesh Kumar was the recommended of Satya Bahin, Ex. Member of Parliament and Member of the Oil Selection Board for Haryana. Shiv Balak Passi and Ghulam Ahmad Mir were themselves members of the Oil Selection Board. It is obvious that Capt. Satish Sharma was personally interested in making allotments of petrol pumps in favour of all these 15 persons. He made allotments in favour of relations of his personal staff under the influences of the staff on wholly extraneous considerations. The allotments to the sons of Ministers were only to oblige the Ministers. The allotments to the members of the Oil Selection Boards and their/chairmen's relation have been done to influence them and to have favours from them. All these allotments are wholly arbitrary, nepotistic and are motivated by extraneous considerations. 22. The Government today - in a welfare State - provides large number of benefits to the citizens. It distributes wealth in the form of allotment of plots, houses, petrol pumps, gas agencies, mineral leases, contracts, quotas and licences etc. Government distributes largesse in various forms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise of discretion was wholly arbitrary. Such a discretionary power which is capable of being exercised arbitrarily is not permitted by Article 14 of the Constitution of India. While Article 14 permits a reasonable classification having a rational nexus to the objective sought to be achieved, it does not permit the power to pick and choose arbitrarily out of several persons falling in the same category. A transparent and objective criteria/procedure has to be evolved so that the choice among the members belonging to the same class or category is based on reason, fair play and non arbitrariness. It is essential to lay down as a matter of policy as to how preferences would be assigned between two persons falling in the same category. If there are two eminent sportsmen in distress and only one portal pump is available, there should be clear, transparent and objective criteria/procedure to indicate who out of the two is to be preferred. Lack of transparency in the system promotes nepotism and arbitrariness. It is absolutely essential that the entire system should be transparent right from the stage of calling for the applications upto the stage of passing the orders of allotment. The na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mages for malicious, deliberate or injurious wrongdoing. According to Wade There is, thus, a tort which has been called misfeasance in public office and which includes malicious abuse of power, deliberate maladministration, and perhaps also other unlawful acts causing injury . With the change in socio-economic outlook, the public servants are being entrusted with more discretionary power even in the field of distribution of Government wealth in various forms. We take it to be perfectly clear, that if a public servant abuses his office either by an act of omission or commission, and the consequence of that is injury to an individual or loss of public property, an action may be maintained against such public servant. No public servant can say you may set-aside an order on the ground of mala fide but you cannot hold me personally liable . No public servant can arrogate to himself the power to act in a manner which is arbitrary. 27. For the reasons indicated above, we conclude that the orders passed by Capt. Satish Sharma, the then Minister of State for Petroleum and Natural Gas, Government of India, allotting petrol pumps to Sarbjot Singh, Benjamin K. Holl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction as determined by the Oil Corporation. 5. Capt. Satish Sharma shall show-cause within two weeks why a direction be not issued to the appropriate police authority to register a case and initiate prosecution against him for criminal breach of trust or any other offence under law. He shall further show-cause within the said period why he should not, in addition, be made liable to pay damages for his mala fide action in allotting petrol pumps to the above mentioned fifteen persons. 28. We place on record our appreciation for Mr. H.D. Shourie, who, very ably, assisted us in this matter. He shall be entitled to costs which we quantify as rupees fifty thousand. The cost shall be paid by Capt. Satish Sharma personally. 29. Before parting with this judgment, we may mention about Civil Writ Petitions Numbers 4003/95 and 4430/95 which are pending before the Delhi High Court. In the said petitions, allotment of petrol pumps/gas agencies to various other persons during the period 1992-93, 1993-94 1994-95 and 1995-96 have been challenged. Transfer petition No. 127/96 has been filed in this Court seeking transfer of those writ petitions from Delhi High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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