1996 Supreme(SC) 1545
FAIZAN UDDIN, KULDIP SINGH
Common Cause (A Registered Society) – Appellant
Versus
Union Of India – Respondent
Judgement Key Points
- The Supreme Court examined allotments of retail outlets (petrol pumps) made by Capt. Satish Sharma, Minister of State for Petroleum and Natural Gas, challenged via public interest petition under Article 32. (!) (!)
- A news item highlighted allotments to relatives of the Minister's staff, Oil Selection Board members, and politicians, prompting court scrutiny. (!) (!) (!) (!) (!) (!) (!) (!) (!)
- Ministry affidavits confirmed relationships: allottees included sons of ministers (!) (!) , relatives or members of Oil Selection Boards (!) (!) (!) (!) (!) (!) , and relatives of ministerial staff (!) (!) (!) (!) (!) (!) .
- Applications lacked official receipt, no advertisements invited applications, no guidelines followed, and allotments used stereotyped language ignoring relationships noted in files. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
- Minister's orders repeatedly cited "sympathetic consideration" for unemployment, poverty, or compassionate grounds, applied arbitrarily without criteria among similarly situated persons. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
- Allotments favored relatives of Minister's driver/mother (!) , private secretary (!) , additional private secretaries (!) (!) (!) , and personal assistant (!) .
- Process lacked transparency: direct hand-delivery to Minister, no branch scrutiny, no public knowledge of availability or reasons. [1000010460013]
- Distribution of public largesse like petrol pumps requires fair, just, non-arbitrary procedure; absolute discretion leads to nepotism. [1000010460018]
- Minister acted as trustee of public property, breached trust via mala fide, biased allotments to influence staff, politicians, and board members. [1000010460016][1000010460017]
- Public servants personally liable for abusing office causing loss to public property; tortious misfeasance applicable. [1000010460020]
- All 15 allotments quashed as arbitrary, discriminatory, mala fide, illegal; existing pumps to be taken over, auctioned publicly, with compensation to original allottees for investments. [1000010460021] (!) (!) (!) (!)
- Show cause notice to Minister for potential prosecution (criminal breach of trust) and personal damages liability. (!)
- Guidelines must ensure transparency from application to allotment; names, orders, reasons public. [1000010460018]
- Court appreciated petitioner's assistance, awarded costs payable personally by Minister. [1000010460023]
JUDGMENT
Kuldip Singh, J.-The allotments of retail outlets for petroleum products (the petrol pumps), by Capt. Satish Sharma, Minister of State for Petroleum & Natural Gas, exercising the powers of the Central Government, have been challenged in this public interest petition under Article 32 of the Constitution of India. The petition as originally filed was directed against corruption in various fields of public life. Mr. H.D. Shourie - Director "Common Cause" - appearing in person, invited this Court s attention to a news item dated August 11, 1995, on the front page of "Indian Express" under the caption "In Satish Sharma 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 stenogra
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