Functioning Of Himachal Pradesh Govt Sordid, Despotic And Nepotic: High Court [Read Order]

A Division Bench comprising of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua reminded the authority that it being a creation of the statute, is not free to act like an ordinary individual, in dealing with the public property.

The Court said, "It cannot act arbitrarily at its, sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with some standard or norm which is not arbitrary, irrational or irrelevant. The action of the respondent must not be arbitrary or capricious, but must be based on some principle which meets the test of reason and relevance. After all, it is the principle of reasonableness and non - arbitrariness in action that lies at the core of our entire constitutional scheme and structure."

The observation was made in a case alleging arbitrary exercise of power to allot the distribution work of cooking gas cylinders to the private Respondents, without any advertisement/ publicity for tender.

"Admittedly, no notice, proclamation or advertisement was issued by the respondents before allotting the work to respondents No. 4 and 5," the Court noted.

It observed,

"The entire scenario shocks the conscious of this Court to come across such systematic fraud committed by those who are at the helm of affairs of respondent No. 2 Corporation in dealing with its property as if it was their personal property."

The Court reminded the Corporation of the Supreme Court's verdict in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, AIR 1975 SC 26, whereby it was held that where the Government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences, the Government cannot act arbitrarily like a private individual but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant.

Reliance was also placed on JS Luthra Academy & Anr. v. State of J&K & Ors., AIR 2018 SC 5367, wherein it was categorically held that the process of allotting public largesses must be just, non-arbitrary and transparent.

"If the discretion is exercised without any principle or without any rule, it is a situation amounting to the antithesis of rule of law… Thus, what can be taken to be well settled is that an unfettered discretion is a sworn enemy of the constitutional guarantee against discrimination," the Bench remarked while directing the authority to call for tenders for distribution of cooking gas cylinders by giving wide publicity to the same and complete the process within a period of six weeks.

Case Title: Darshan Singh & Anr. v. State of HP & Ors.

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