Transparency in Allocation: The work involving government largessees, such as the transportation of petroleum products, must be conducted transparently, especially during tendering processes to prevent arbitrary or discriminatory practices. The Central Government's legal framework, including the Legal Metrology General Rules, 2011, enforces such transparency Vikrant Oil Carrier VS Hindustan Petroleum Corporation Ltd. - Himachal Pradesh.
Government Discretion and Non-Arbitrariness: The government’s power to grant largesses, including jobs, contracts, licenses, and accommodations, should be exercised within rational, relevant, and non-discriminatory standards. Arbitrary or capricious standards are unconstitutional and undermine democratic principles Roshan Lal S/o Shri Keshav Ram VS H. P. Power Corporation Limited - Himachal Pradesh.
Legal Constraints and Promissory Estoppel: While the government can be compelled to fulfill promises made through schemes or policies (promissory estoppel), such enforcement is limited to lawful acts. Promises that are legally prohibited cannot be enforced All Himachal Micro Hydel (100 KW) NGOS and Societies Association through its President Sh. Varinder Thakur VS State of H. P. through Principal Secretary, Non-Conventional Energy Sources-cum-Secretary Power, Government of H. P. - Himachal Pradesh.
Fair and Transparent Procedures: Courts have emphasized that public bodies must adhere to fair, transparent, and non-discriminatory procedures when allocating government largesses. Any deviation from these principles can be challenged and deemed unlawful P. T. Thomas VS State of Kerala - Kerala, MUNEEM AHMAD VS STATE OF U. P. - Allahabad.
Allocation of Residencies and Accommodation: The allotment of government residencies and accommodations is subject to specific rules and guidelines. Changes in allotment policies or out-of-turn allocations require clear criteria, and improper allotments can be challenged legally B. K. MATHUR VS UNION OF INDIA - Delhi, B. K. Mathur VS Union of India - Delhi.
Reservation and Social Welfare Measures: Distribution of largesses, such as petroleum dealership or social welfare schemes, can include reservations for marginalized groups like physically disabled persons. These measures are recognized as social welfare initiatives and must comply with statutory provisions MUNEEM AHMAD VS STATE OF U. P. - Allahabad.
Investigations and Oversight: Courts have ordered investigations into the misuse or irregularities in the grant of largesses, emphasizing the need for accountability and transparency in government actions Suman Aggarwal VS Municipal Council - Himachal Pradesh.
Government largessees encompass a broad spectrum of allocations such as contracts, jobs, licenses, and accommodations. The overarching principle is that such allocations must be conducted transparently, fairly, and within legal bounds. Arbitrary or discriminatory practices violate constitutional mandates, and courts are vigilant in ensuring accountability and adherence to standards. While the government has discretion, this power is not absolute and must align with principles of rationality and non-discrimination. Promissory estoppel offers limited enforcement, primarily where lawful promises are made. Overall, the legal framework emphasizes transparency, fairness, and non-arbitrariness in the distribution of government largesses to uphold democratic accountability and social justice.
The work of transportation of bulk of petroleum products etc. is in the nature of government largessees and the process of allotment of the said work by way of tender etc. has to be completely transparent. ... Section 52 of the said Act confers upon the Central Government Power to make rules by notification for carrying out the provisions of the Act. In exercise of the said power, the Central Government has framed the Legal Metrology General Rules, 2011. ... Declaration from tenderer for not in the Blacklisting/Holiday l....
, has to be disposed of at this stage – Officers cannot bind the hands of the Government – To force the Government to pass orders ... of the Government are likely to be silently cornered – Ext. ... implications – It will annul or have the effect of modifying the terms of contract, and such a course may not be in public interest, as largesses ... It will annual or have the effect of modifying the terms of contract, and such a course may not be in public interest, as largesses of the Government#....
The court found that the petitioner's association was not entitled to the reliefs prayed for, as the Scheme floated by the Government ... The Government is subject to the rule of promissory estoppel and if the essential ingredients of this doctrine are satisfied, the Government can be compelled to carry out the promise made by it. ... However, the Government or even a private party under the doctrine of promissory estoppel cannot be asked to do an act prohibited in law. The nature and function which the Gover....
Constitution of India, 1950 - Articles 12, 14 and 226 - Selection committee - Grant of largesses including ... The power or discretion of the Government in the matter of grant of largesses including award of jobs, contracts quotas, licences etc. must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in any particular ... A democratic Government cannot lay down arbitrary and capricious standards for the choice....
The request remained unmet despite government acknowledgment. ... The case revolves around the right of allotment for a shop based on preferential recommendations made by a government official. ... The court emphasized that the public body must adhere to fair and transparent procedures in the awarding of contracts and other largesses ... The power or discretion of the Government in the matter of grant of largesses including award of jobs, contracts quotas, licences etc., must be confined and structured ....
It also ordered an investigation into the affairs of respondent No. 1 regarding the grant of largesses. ... Ratio Decidendi: The court emphasized the need for fair, transparent, and non-discriminatory allocation of public largesses ... non-arbitrariness in governmental action, emphasizing the need for fair, transparent, and non-discriminatory allocation of public largesses ... The power or discretion of the Government in the matter of grant of largesses including award of jobs, contracts quotas, licen....
Government Largesses - Allotment of Government Residencies - Himachal Pradesh Allotment of Government Residencies (General Pool ... largesses, including jobs, contracts, and accommodations. ... ) Rules, 1994 - The court discussed the principles of government discretion and the limitations on the government's power in granting ... The power or discretion of the Government in the matter of grant of largesses including award of jobs, contracts quotas, l....
Government of India (Transaction of Business) Rules, 1961 Rule 6 - Public Premises Eviction of Unauthorised Occupants) Act, 1971- ... Allotment of Government accommodation - Change in Press Pool Accommodation by Cabinet Committee of Accommodation - Plea that the ... Correspondents, Editorial Consultants, Reporters and others who were allottes of Government accommodation under the Press pool are being decided. ... Cabinet Committee on Accommodation: (i) To determine the guidelines or rules and terms and conditions to govern out of turn all....
scheme—Physically disabled persons are a class by themselves—The provision for reservation of distribution of scheduled commodities under a Government ... grant as a largesses, to the physically disabled persons is both a social welfare measure—Clause 26 of U.P. ... The Government, while distributing the largesses, can provide for reservation for physically challenged persons. ... Since the grant of dealership or distributorship of the petroleum products belongs to the Government largesse. The #HL_START....
Government of India (Transaction of Business) Rules, 1961 Rule 6 - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ... - Allotment of Government accommodation - Change in Press Pool Accommodation by Cabinet Committee of Accommodation - Plea that the ... If the phrase "out of turn allotment" was to be narrowly construed and applied only to Government Servants then the case of Journalists could fall in category (II) of "Allotment of Government accommodation to various categories of non-eligible persons and o....
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