Y.K.SABHARWAL, D.K.JAIN
CENTRE FOR PUBLIC INTEREST LITIGATION – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) FROM January 1993 till 1996. 179 retail outlets (Petrol Pumps), 155 LPG distributerships and 45 SKO/ LDO dealerships under discretionary quota were allotted by the Minister. In Delhi Petrol Pumps allotted by Oil Selection Board during this period were 64 in number and the Petrol Pumps allottee under discretionary quota were 65 in number. In Bombay. 4 Petrol Pumps were allotted by Board and 3 under discretionary quota by the Minister. 05hcd/97-2
( 2 ) THE examination of files clearly shows that these are not cases of aberrations here or aberralion there but are cases which show pattern of favouritism.
( 3 ) IN these cases where the allotments of petrol pumps etc. made by the Minister under his discretionary quota have been called in question, it is necessary to lay down as to what is the concept of discietion, . . Discretion implies good faith in discharging public duties. The exercise of discretion lias to be based on relevant consideraions. When it is exercised by taking into extraneous considerations, such action has to be quashed. The concept of absolute. untrampled or unfettered discretion is wholly inappropriate to a public authority. When given
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