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SANJAY KUMAR, K. VINOD CHANDRAN
Dinesh Kumar – Appellant
Versus
State of Haryana – Respondent
The court found that the allotment processes must adhere to the principles of fairness and accountability, striking down the actions of the Governing Body as arbitrary [judgement_subject]. The court observed that the Governing Body members, in their capacity as responsible officers of the Government, should act in a fiduciary capacity for the common good, ensuring fairness, transparency, and accountability, while eschewing favouritism, bias, and arbitrariness (!) . The court found no reason to uphold the allotment made to the third respondent, describing it as a clear act of favouritism and a blatant display of self-aggrandizement (!) . The court also expressed doubts with respect to the application made by the fourth respondent being on time, and found the ineligibility of the fourth respondent to be stark and obvious (!) . Considering the gross abuse of powers and authority carried out in the case, the court was inclined to set aside the judgment of the Division Bench of the High Court (!) .
| Table of Content |
|---|
| 1. allotment of flats by hewo (Para 2 , 3) |
| 2. respondents' challenges and defenses (Para 4 , 6 , 7) |
| 3. analysis of favoritism and rules violations (Para 5 , 10 , 11 , 14 , 16) |
| 4. procedural issues in allotments (Para 12 , 13) |
| 5. final ruling on appeal and costs imposed (Para 17 , 18 , 19 , 20) |
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. Nepotism and self-aggrandizement are anathema to a democratic system, more so when it happens within a society comprising members of the government service, enabling housing facilities to its members by transparent allotment. The second respondent HUDA, Urban Estate and Town and Country Planning Employees Welfare Organization (for short, ‘HEWO’) is one such society registered under the Societies Registration Act, 1860. The enactment provides for establishment of societies for the promotion of literature, science, fine arts, diffusion of useful knowledge, diffusion of political education and for charitable purposes, as the preamble proclaims. Obviously, HEWO is constituted for a charitable purpose, especially on the principle that charity begins at home, to benefit its own members by allotment of housing facilities. In the present cas
Fairness and accountability are essential in the allotment processes of private societies, ensuring no favoritism or bias in decisions affecting members.
The court affirmed that society governing bodies can allocate memberships based on their rules, provided actions adhere to outlined eligibility criteria and transparency principles.
The court held that decisions by a governing body must be honored in flat allotment processes, emphasizing fairness and reasonable treatment in public property distribution.
Allotment of land to Cooperative Housing Society – Land is a precious material resource of community and least which is required from State is transparency in its distribution.
Service Law - Allotment of flat - Rule 7(i) of Policy provides that no application shall be entertained for accommodation if employee is retiring on superannuation in next six months, meaning there b....
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
Out-of-turn government accommodation allotment under exigency must be by House Allotment Committee per rules; arbitrary executive directions bypassing procedure illegal, violative of equality and rul....
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